Can You Solve This Conundrum?

[philuk]

think i got this worked out
Anyone applying in the phils after november 2010, would have to have conform to the new regulations and take an english test to include the english pass cert.
Anyone here in the UK now wishing to extend there visa would have left the Phils before the new regs were implemented. so would not have an english test certificate, so if more time is needed to pass the test they are allowed to extend there FLR(M) stating the reason why they have not done it,
Lets face it, they are not going to deny an extension on the grounds you have not taken a test or could not speek fluent english, half the ruddy population would be sent home,

[Terpe]

think i got this worked out
Anyone applying in the phils after november 2010, would have to have conform to the new regulations and take an english test to include the english pass cert.
Anyone here in the UK now wishing to extend there visa would have left the Phils before the new regs were implemented. so would not have an english test certificate, so if more time is needed to pass the test they are allowed to extend there FLR(M) stating the reason why they have not done it,
Lets face it, they are not going to deny an extension on the grounds you have not taken a test or could not speek fluent english, half the ruddy population would be sent home,

philuk,
Please don't take this personally, but that interpretation is just not correct.

I strongly suggested that anyone who will be making FLR application/extension MUST check that they have a pass certificate for English Language.
Additionally, they MUST check that the English Language certificate has been issued for both a UKBA approved test and by a UKBA approved provider as listed on the latest version of the UKBA approved listing.

The UKBA publication Information for applicants on the new English language requirement for partners highlights the following important information:-

What happens if I have been in the UK for 2 years and cannot meet the KOL requirements? Will I need to meet the new spouse requirement to be granted leave?
If you cannot meet the KOL requirement you will not be granted indefinite leave to remain unless you fall under an exemption.
Applicants who apply for further leave to remain on the basis of marriage using Form FLR (M) after an initial grant of leave in this capacity due to not meeting the KOL requirements for settlement are required to meet the new English language requirement to A1 level in line with other FLR(M) application from 29 November 2010

What happens if someone is granted entry clearance as a fiancé and was able to meet the English language requirement already. Do they still need to provide evidence of English when they make a spouse visa application and can they use the same test certificate?
They will still need to meet the English language requirement when they apply for their spouse application. They can use the same test certificate provided the test is on the current approved list of tests.
(For a recent example of refusal based on this see post #10 here)

Will I be able to apply for an exemption on exceptional compassionate circumstances if I apply for leave to remain in the UK?
It will be extremely rare for exceptional compassionate circumstances to apply when the applicant is applying in the UK for leave to remain. This is because it is very unlikely that they will be prevented from meeting the requirement given the access to a wide variety of facilities for learning English and taking the test in the UK.

[lastlid]

WOW. ILR. Not as clear cut as I thought it might be........