English language tests for migrant partners

[joebloggs]

some info..

The English test is applicable from 29-Nov-10.

If you're already in the UK, then it's only necessary before applying for FLR(M).

However it looks like if your applying to settle in the UK as a partner comes under 287 or 295G, and uses the form SET(M). The English test is not applicable to applications under 287 nor 295G because neither 287 nor 295G are referenced in the Statement of Changes CM 7944. so looks like there is no change yet if your applying for ILR.


Will an applicant who already has leave to remain in the United Kingdom and who fails the English language test be able to stay in the UK?

Meeting the English language requirement will be a condition for obtaining leave to remain as a spouse under the Immigration Rules. Applicants who fail to meet this requirement will be refused leave and expected to leave the UK, subject of course to observing our international and humanitarian obligations.



those who pass ESOL Entry 1 (the most basic level) will qualify for the English Language test for settlement as spouses, civil partners etc.

If that is a combined ESOL/Citizenship course, then that will also qualify the individual for ILR and Naturalisation applications.

This new language requirement applies to new applicants applying for leave to enter or remain as the spouse or civil partner, fiancé(e) or proposed civil partner, unmarried partner or same sex partner of a British citizen or person settled in the United Kingdom on or after 29 November 2010.




this means those who need to apply for FLR after arriving in the UK will also have to satisfy the language requirement. So those arriving here on a fiancé(e) or proposed civil partner visa need to get their language test sorted out ASAP or they may have to return home, take the test there and reapply for settlement!

thanks to Vinny & Tobias for the info

[Arthur Little]

Yes, Joe ... but I've maintained from the outset that married and/or civil partners who have already passed the 'Life in the UK' Test [deemed to be of a higher standard] will automatically be exempt from having to take any of the English Language Tests ... by virtue of the fact that they have already demonstrated a level of knowledge (of the language) - sufficient to enable them to understand and answer the questions in the 'Life' Test successfully.

Am I mistaken?

[acs]

21 KNOWLEDGE OF THE ENGLISH LANGUAGE AND LIFE IN THE UK
a. Background
Following changes introduced in April 2007, people aged 18 to 64 must have sufficient knowledge of the English language and life in the UK in order to qualify for indefinite leave to remain.
This change in the Immigration Rules was introduced to ensure that migrants wishing to settle here have an understanding of life in the UK and the skills to allow them to integrate fully.
b. What must you do to show that you have sufficient knowledge of English and life in the UK?
If your English is already at or above ESOL (English for speakers of other languages) Entry Level 3, you can take the test known as the Life in the UK test.
If your English is below ESOL Entry Level 3, you will need to attend an ESOL with citizenship course at an accredited college and obtain a relevant ESOL qualification as described in 21l-m of these guidance notes.
c. Does this requirement apply to everyone?
It does not apply to anyone under the age of 18 or aged 65 or over at the time the application is made.
Anyone with a significant physical and/or mental health condition(s) or incapacity may be exempt if it prevents them from studying for and taking the Life in the UK test or from studying for an ESOL qualification. Exemption on these grounds will only be given in exceptional cases.
If your partner is a permanent member of HM Diplomatic Service, or a comparable UK-based staff member of the British Council on a tour of duty abroad, or a staff member of the Department for International Development, a designated person (normally the head of the post at which your partner is based) may certify that you have a sufficient knowledge of the English language and life in the UK for the purpose of settlement.
d. What is the Life in the UK test?
The test consists of questions based on information in the handbook Life in the United Kingdom: A Journey to Citizenship. The standard of English required to pass the test is ESOL Entry 3 level or above.
If you are not sure whether your English is good enough to take the test, you can work through the tutorial on the Life in the UK Test website at www.lifeintheuktest.gov.uk to help you decide.
You will need to study the relevant edition of the handbook before taking the test. It is published on behalf of the Life in the United Kingdom Advisory Group by The Stationery Office (TSO) for £9.99.
You can order it from www.tsoshop.co.uk or by telephoning 0870 243 0123 or faxing 0870 600 5533.
It is also available from Waterstone’s, W H Smith and other large booksellers.
The test is taken on a computer. The Life in the UK test website at www.lifeintheuktest.gov.uk has a section to help with the practical skills needed to take the test, including training in the use of a mouse and keyboard.
Staff at the test centres also specialise in supporting learners new to computers.
e. What if you don’t have a computer or access to the internet?
If you live in England you can contact UK online on 0800 77 1234 for details of local centres providing computer and internet access.
In other parts of the UK, as well as in England, you can contact your local library or Citizen’s Advice Bureau for information on free or low cost access to computers and the internet.
f. Where can you take the test?
At one of around 65 Life in the UK test centres throughout the UK.
You can find your nearest test centre
- via the Find a test centre link on the Life in the
UK test website at www.lifeintheuktest.gov.uk
- or by calling their helpline on 0800 0154245.
g. Booking the test
To book the test, contact the test centre by telephone or in person.
If you have a disability, the test centre can provide the test in a format to meet your particular needs.
Tell the centre about any such needs when you
book the test - and also about any medical condition in case it affects the amount of time you need for the test.
h. Is there a charge for the test?
Yes. The current charge is £34.00. It has to be paid before you take the test.
The Find a test centre page mentioned above gives information on the methods of payment accepted by individual test centres.
i. Taking the test
At the test centre you will be asked to confirm your identity by producing one of the following:
- your passport or Home Office travel document
- your identity card for foreign nationals if you
have been issued with one
- a UK photocard driving licence (full or provi-
sional)
- an Immigration Status Document endorsed
with a UK residence permit bearing your photo
graph.
You will also be asked for your postcode, so you should take a letter or other document containing it.
j. The test result
You will be told the result of the test at the test centre on the day. If you pass, you will be given a pass notification letter, which you must include with your application for indefinite leave to remain. The test result will also be sent to us electronically within 2 working days.
Please note that, in addition to submitting your pass notification letter, the test result must be on our system before we can decide your application. Therefore, if you wish to make your application for indefinite leave to remain in the UK in person at a Public Enquiry Office (PEO), you must allow at least 2 working days between passing the test and attending your appointment. If the result is not on our system when you attend your appointment, we will be unable to decide your application on the same day.
k. What if you fail the test?
If you fail the test, you can retake it any number of times. You will have to pay the current fee every time you take it.
Since the questions are drawn randomly from a large number, they will be different every time you take the test.
l. English for Speakers of Other Languages (ESOL) courses
If your English is not good enough to take the Life in the UK test, you will need to attend an ESOL with citizenship course at an accredited college, obtain a relevant qualification from an approved awarding body, and demonstrate relevant progress (see below for a definition of these terms).
The course must have used teaching materials derived from the document entitled “Citizenship Materials for ESOL Learners” (ISBN 1-84478-5424) produced by NIACE/LLU+.
An “accredited college” is:
- a publicly funded college that is subject to inspection by Ofsted (if situated in England), the Education and Training Inspectorate (if situated in Northern Ireland), HM Inspectorate of Education (if situated in Scotland), Estyn (if situated in Wales); or an inspection programme that has been approved by the Island’s Government (if situated in the Channel Islands or Isle of Man)”, or
- a private college that has been accredited by Accreditation UK, the British Accreditation Council (BAC), the Accreditation Body for Language Services (ABLS), or the Accreditation Service for International Colleges (ASIC).
We will accept that a college meets the definition of an ‘accredited college’ if it was accredited when you obtained your qualification or if it is accredited on the date we decide your application.
A “relevant qualification” is:
- an ESOL qualification in speaking and listening at Entry 1, 2 or 3 level approved by the Office of the Qualifications and Examinations Regulation (Ofqual); or
- one National Qualifications Unit in ESOL at Access 2, Access 3, or Intermediate 1 level approved by the Scottish Qualifications Authority.
In England, Wales and Northern Ireland, the awarding bodies approved by Ofqual are:
- Ascentis (formerly Open College of the Northwest)
- Cambridge ESOL
- City & Guilds (Pitmans)
- Edexcel
- Education Development International (EDI)
- English Speaking Board (International) Limited
- National Open College Network
- Trinity College London
In Scotland, the only approved awarding body is:
SET(M) Guidance Notes version 11/2010 - page 6 of 7
- the Scottish Qualifications Authority.
To demonstrate “relevant progress”, you must have progressed by at least one level from the level at which you were assessed at the beginning of the course leading to your relevant qualification. For example, if you were initially assessed by your college as being below Entry 1 level, you must obtain an ESOL qualification at Entry 1 level or above.
You should check with your college to ensure that it is accredited as described above and that the course meets all of the other criteria outlined above. If your college is not accredited, or if the course does not meet all of the above requirements, your application will be refused.
m. What evidence will you need to submit to show that you have obtained a relevant ESOL qualification?
You must submit the original certificate from an approved awarding body (see above) showing that you have obtained a relevant ESOL qualification.
You must also submit a letter from your college confirming:
- Your name
- The title of the qualification you have obtained
- The name of the awarding body
- That the course contained citizenship materials
derived from the document entitled “Citizenship
Materials for ESOL Learners” produced by NIACE/
LLU+
- That you were assessed at the beginning of
the course by a suitably qualified teacher
- The level at which you were originally assessed
- The level to which you have progressed
- The duration of the course
- How the college meets the definition of an
“accredited college”.
The letter from the college must be on letter-headed paper, be signed and dated by an official of the college, and contain the official stamp or seal of the college.
n. Will you have to pay for ESOL courses?
The Department for Business Innovation and Skills (BIS) has decided that people doing an ESOL course should make a contribution to the cost of the course in accordance with their ability to pay.
You should contact your local college to find out about the fee and whether you will be required to pay.
You can also get more information about this in the Learning and Skills Council’s funding guidance on their website at www.lsc.gov.uk
o. How long will the ESOL course take?
This may vary according to the particular college and
SET(M) Guidance Notes version 11/2010 - page 7 of 7


I just read this from the new version of the guidance note for set m, after i panic thinking i'm going to take the new english language test after passing the life in the u.k test last april. It seems i wont be taking the test anymore when i apply for my ilr this december..i hope i'm not mistaken. Thanks Arthur and Myrna for our conversion today.

[Arthur Little]

-

I just read this from the new version of the guidance note for set m, after i panic thinking i'm going to take the new english language test after passing the life in the u.k test last april. It seems i wont be taking the test anymore when i apply for my ilr this december..i hope i'm not mistaken. Thanks Arthur and Myrna for our conversion today.

It was our pleasure, Aileen ... that's exactly what we thought all along, thank God! Will double-check on Monday as agreed, however.

[joebloggs]

Yes, Joe ... but I've maintained from the outset that married and/or civil partners who have already passed the 'Life in the UK' Test [deemed to be of a higher standard] will automatically be exempt from having to take any of the English Language Tests ... by virtue of the fact that they have already demonstrated a level of knowledge (of the language) - sufficient to enable them to understand and answer the questions in the 'Life' Test successfully.

Am I mistaken?

at the mo my understanding is, if you came here on a spouse visa you can take the 'life in uk' test either by doing the ESOL course based on citizenship material or just book and take the test. i think if you passed the 'life in uk 'test by taking the ESOL course then that is sufficient for the 'language test'.
if you didnt then you would need to take the test, but at the mo the change i believe is not effecting those who are applying for ILR.

but if you're applying for FLR then the change will effect you unless your do the ESOL citizenship material course

[Queenbee]

so does this mean i need to take the test when im in the UK already on a fiance visa?or i have to take this when im back home before i apply for the fiance visa ...Im confused...:<

[Terpe]

so does this mean i need to take the test when im in the UK already on a fiance visa?or i have to take this when im back home before i apply for the fiance visa ...Im confused...:<

I f you are already in UK on Fiance Visa you will need to pass the test to get FLR once you are married.
If not yet in UK you will need to pass the test in order to gain any kind of settlement entry visa.

[jane2009]

Hi,
Do i need to take this test Im going to apply a british citizen next year?

[joebloggs]

Hi,
Do i need to take this test Im going to apply a british citizen next year?

if you have ILR, i don't think you need to take it unless they change the rules at a later date

[jane2009]

Yes Sir i had my ILR.....

[Arthur Little]

Jane ... if you already have ILR, it means you've *passed the 'Life in the UK Test'. And *that being the case, you will NOT require to take ANY of the newly-devised ESOL examinations prior to applying for British Citizenship ... since the "Life" Test is of a higher standard ... and is, moreover, recognised - at this point in time - as being the first step towards becoming a citizen of the United Kingdom. So no worries, Jane!!

[Queenbee]

I f you are already in UK on Fiance Visa you will need to pass the test to get FLR once you are married.
If not yet in UK you will need to pass the test in order to gain any kind of settlement entry visa.

ah ok...Currently im home already but will lodge my application--FIANCE VISA this time on February...So does that mean i can take the English test here?And which English test should i take--The ESOL one or IELTS?

[joebloggs]

http://www.ukba.homeoffice.gov.uk/si...s-partners.pdf

[jane2009]

Jane ... if you already have ILR, it means you've *passed the 'Life in the UK Test'. And *that being the case, you will NOT require to take ANY of the newly-devised ESOL examinations prior to applying for British Citizenship ... since the "Life" Test is of a higher standard ... and is, moreover, recognised - at this point in time - as being the first step towards becoming a citizen of the United Kingdom. So no worries, Jane!!

thank you sir

[axelandpixel]

Thank you for the information. I am done with FLR so I'm not affected by this and hopefully it will stay that way till 2012 because that's the time I'd be applying for ILR.

[frape]

Hello everyone, im a new member to this site. I am currently here in UK on a fiance visa and about to marry my fiance by Jan. 14,2010. I have read about this English Test as one requirement in applying for the FLR. However, I would like to inquire what testing center is near my place which is Saxmundham, Suffolk, UK. How many hours would this English test last and how much does it cost for this test? Hoping to be enlighten in this matter. Thank you and God bless.

[joebloggs]

i'm not sure which is nearer but ask your husband to look at the list below

http://www.ukba.homeoffice.gov.uk/si...s-partners.pdf

[Dee31]

thank you for sharing this info joe, that's very helpful. I will have to get myself ready next year when applying for ILR. xxx

[Mickaela]

Just for information, ESOL or IELTS are both recognized. I have taken my IELTS and passed it with a "7" band score way above the passing for a spouse visa. I will be applying still this January. Goodluck to those who will take the exams!

[RuBiX]

thank you for sharing this info joe, that's very helpful. I will have to get myself ready next year when applying for ILR. xxx

Hi to all!!I hope you had a lovely Christmas!!!

Hi there Dee31!! I think you can also take the Life in the UK test
Well it depends on you which one to take-- the English Test or the Life in the UK test..

I already passed the Life in the UK test and when I heard about this English test, I thought I will take another test. But as to the lovely members here told me--Life in the UK test will do for the ILR application!!! So, good luck with our application soon

Happy Holidays everyone!!!!