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Thread: New UKBA Requirements for Settlement and Naturalisation

  1. #61
    Admin's Assistant ^_^ raynaputi's Avatar
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    Quote Originally Posted by jamesy View Post
    The SCQF Certificate only has the date on which my wife sat the test printed on it - which was in May 2011 - there's nothing at all that we can see with an expiry date. So, do we have to submit both Life in the UK Pass Certificate and the SCQF Certificate when she eventually applies for naturalisation?

    Thanks for your help.
    It's better to contact the test provider to make it sure that the test doesn't have any expiration. And yes, your wife needs to submit both passing certificate of Life in the UK and English test (with a grade of B1 or higher) if she would apply for naturalisation on or after October 2013.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  2. #62
    Admin's Assistant ^_^ raynaputi's Avatar
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    I just checked this website http://www.sqa.org.uk/sqa/8625.html and seen that SCQF is equivalent to ESOL. So I can see now that your wife can submit the certificate she has for Naturalisation.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  3. #63
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    You learn something new every day! Thanks for the advice - most appreciated - I honestly thought they were both the same.


  4. #64
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    Thanks a lot again. Very kind of you to help us.


  5. #65
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    My wife's SCQF will only meet the present requirements for citizenship, but on or after October 28th 2013, her present pass certificate doesn't meet the new requirements. Therefore she will have to sit another test as she can't apply for citizenship until she has been living here for 3 years as a spouse or civil partner, which will be early next year. We're also having difficulty in finding an Approved Test Centre in Scotland where she can take this exam


  6. #66
    Respected Member purple's Avatar
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    Quote Originally Posted by stevie c View Post
    Thanks peter its crazy that someone can live here for 3yrs & still needs to pass an english speaking test

    I think that's pretty understandable. I can understand it from UKBA point of view.

    I've seen some people here who are residents and been here for 10 years and still not fluent with the English language.
    I think that is only fair, like there are children who go to school and don't even speak a word of English because their parents who are residents here are not good with it.

    You guys here are lucky because Filipinos speak decent conversational English
    Life as we make it


  7. #67
    Member macky's Avatar
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    Hiya all...I've passed my Life in the UK test 2009..now to qualify for citizenship I have to have ESOL certificate? I have gone back college and finished Health and Social Care Level 2. Is that a proof of evidence that I'm qualified to get the citizenship or do I need to take ESOL still??


  8. #68
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    Quote Originally Posted by macky View Post
    Hiya all...I've passed my Life in the UK test 2009..now to qualify for citizenship I have to have ESOL certificate? I have gone back college and finished Health and Social Care Level 2. Is that a proof of evidence that I'm qualified to get the citizenship or do I need to take ESOL still??
    You need to submit an English Language pass certificate at Level B1 minimum.

    This must be from those indicated in the UKVI approved listing.


  9. #69
    Respected Member tone's Avatar
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    Hi All
    I have a question about the citizenship Form AN.

    Situation Summary:-
    Rina has an ILR. Obviously the LIUK and English A2 pass.

    He passport and BRP are still in maiden name, can we apply for citizenship so that the naturalisation certificate is in married name, then british passport can be in married name too?

    What is the easiest way to do this?

    Thanks

    Tone


  10. #70
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    Tone, it's no problem.
    Take a look at the form and guidance. It's covered and explained exactly what to do.


  11. #71
    Admin's Assistant ^_^ raynaputi's Avatar
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    Quote Originally Posted by tone View Post
    Hi All
    I have a question about the citizenship Form AN.

    Situation Summary:-
    Rina has an ILR. Obviously the LIUK and English A2 pass.

    He passport and BRP are still in maiden name, can we apply for citizenship so that the naturalisation certificate is in married name, then british passport can be in married name too?

    What is the easiest way to do this?

    Thanks

    Tone
    Tone, Rina needs to present an English test equivalent to B1 level and not A2.
    -=rayna.keith=-
    ...When you realize you want to spend the rest of your life with somebody, you want the rest of your life to start as soon as possible...



  12. #72
    Moderator Arthur Little's Avatar
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    N.B. Difference, of course, being that the governing body's now known as UKVI instead of its former UKBA title in the original reference to this 'Sticky' thread.

    But ... ... I imagine Tone's already aware of the changeover.


  13. #73
    Respected Member tone's Avatar
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    Thanks All - now filled in and yes She has B1 exam pass.

    Just need to sort out professional referees and we can get it sent off.

    Thanks

    Tone


  14. #74
    Respected Member Michael Parnham's Avatar
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    Quote Originally Posted by tone View Post
    Thanks All - now filled in and yes She has B1 exam pass.

    Just need to sort out professional referees and we can get it sent off.

    Thanks

    Tone
    Referees? We don't know anyone of a professional capacity!


  15. #75
    Respected Member tone's Avatar
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    Quote Originally Posted by Michael Parnham View Post
    Referees? We don't know anyone of a professional capacity!
    Hi Michael.

    It's a good list actually and even myself (MBCS) can do this for someone I know!

    https://www.gov.im/media/624353/listofreferees.pdf

    Have a look at the above link - Nurses, Doctors, Computer Professionals, Chemists (to name a few) can be referees for you.

    Tone


  16. #76
    Respected Member Michael Parnham's Avatar
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    Wow, thanks Tone, much appreciated!


  17. #77
    Respected Member Iani's Avatar
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    Hi, quick one, I've been reading again and again the guidance notes on the Gov UK website, plus googling, but there just isn't an answer I can find anywhere.

    Regarding the FLR, is there a maximum period in advance you can apply for this? I mean, wifey is having friends tell her it's time she applies for her FLR, it runs out next year....yes 2016.
    I'm sure this is wrong though. Thing is, all the official site says is - apply before the old visa runs out. Well that could be a day after it was first issued, not really helpful.

    Thanks again and sorry for being a bit thick here


  18. #78
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    Quote Originally Posted by Iani View Post
    Hi, quick one, I've been reading again and again the guidance notes on the Gov UK website, plus googling, but there just isn't an answer I can find anywhere.

    Regarding the FLR, is there a maximum period in advance you can apply for this? I mean, wifey is having friends tell her it's time she applies for her FLR, it runs out next year....yes 2016.
    I'm sure this is wrong though. Thing is, all the official site says is - apply before the old visa runs out. Well that could be a day after it was first issued, not really helpful.

    Thanks again and sorry for being a bit thick here
    How long has your wife been living here in UK as spouse ?
    To be eligible for the second FLR(M) she needs 30 months. Means she can apply max 28 days before that.

    Don't forget that the second FLR(M) is issued for 30 months also. If the visas get issued too far in advance she'll fall short on the residence requirement eligibility for ILR and be forced to apply for a third FLR just to meet the ILR residence requirements.
    No point at all in making early applications.


  19. #79
    Respected Member Iani's Avatar
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    Ahh that's brilliant, thanks for that.
    Weird thing is that I just couldn't find it on the official websites.

    Anyway, she arrived in April 2013 and the visa runs out in January 2016, so I guess that means we apply October.

    Anyway, thanks again, excellent to know that


  20. #80
    Respected Member Iani's Avatar
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    Hi, mind if I ask something to clarify please?

    So, the initial visa is of course for 30 months. She entered the country on the 27th April 2013.
    The visa runs out on 09/01/2016.
    So, she will have been here for 30 months to meet the residency on the 27th October this year - 2015.

    So am I right in thinking, we could apply 28 days before this date - say about the 30th September(ish)? Or up until the end of October?

    The reason I am asking, well it's this new language requirement. Her original pass was in ESOL, which of course is now defunct, but can be used in applications up until the 5th November 2015. Be good then to get applied before then.
    I know she could pass the test in IELTS, but they have a validity of 2 years, and if she had to pass this to apply for the FLR, then it would be a bit crazy as she'd have to retake it once again before the ILR.

    Many thanks again


  21. #81
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    Quote Originally Posted by Iani View Post
    ....
    So, the initial visa is of course for 30 months.
    Sorry to be pedantic. The initial visa for entry clearance is issued under 33 months validity.
    There's an additional 3 months so that there's time for the physical relocation to UK and still qualify under the 30 months residency requirement.
    At the FLR(M) application the visa issued will be for 30 months. With proper planning it's easily possible to meet the total 60 months residency requirement for ILR eligibility without an unnecessary extra FLR(M) application.
    It's for this reason that it's better not to apply for the FLR(M) any early than needed as it's possible not to be able to reach the 60 month target.

    Sorry Iani if you knew all this stuff but just for those readers who may not be aware.

    Quote Originally Posted by Iani View Post
    ....
    She entered the country on the 27th April 2013.
    The visa runs out on 09/01/2016.
    So, she will have been here for 30 months to meet the residency on the 27th October this year - 2015.

    So am I right in thinking, we could apply 28 days before this date - say about the 30th September(ish)? Or up until the end of October?
    Yes, you can apply up to a maximum of 28 days before the 30 month anniversary if necessary. Do be sure not to apply so early that the issued 30 month visa prevents meeting the total 60 months residency.
    Actually, the latest you can apply is the visa expiry date.

    Quote Originally Posted by Iani View Post
    The reason I am asking, well it's this new language requirement. Her original pass was in ESOL, which of course is now defunct, but can be used in applications up until the 5th November 2015. Be good then to get applied before then.
    Yes, that's correct.
    Paragraph 32D of the Immigration Rules Appendix FM-SE applies provided there is also compliance under transitional arrangements:-

    Under transitional arrangements, applicants who took an approved test before 6 April 2015 may continue to rely on that test (if it was in Appendix O on 5 April 2015) to meet the English language requirement in a partner or parent application as long as they submit their application before 6 November 2015 and regardless of whether the test was taken at a test centre approved by the Secretary of State as a secure English language test centre. The list of approved providers and tests at 5 April 2015 is available on gov.uk at URL="https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/405631/selt_transitional.pdf"]Approved SELT tests - transitional list.[/URL]
    Quote Originally Posted by Iani View Post
    I know she could pass the test in IELTS, but they have a validity of 2 years, and if she had to pass this to apply for the FLR, then it would be a bit crazy as she'd have to retake it once again before the ILR.
    Actually Iani, the Immigration Rules allow for a previously awarded B1 grade pass (such as IELTS) for English Language to be perfectly acceptable for both ILR and Naturalisation applications, even if the certificate itself is expired.

    Take a look here

    Means your timing decisions concerning both B1 level English Language and Like in The UK test are essentially under your own control as expiration is not an issue.

    Personally I always advise folks to secure both as early as possible in order to avoid any time pressures.

    If you'd like to see 'chapter and verse' from the immigration rules on ILR English Language tests and Life in UK test then follow this link to the
    Immigration Rules - Appendix KoLL

    Just as a footnote - everyone should check stated sources to satisfy themselves that the info remains valid.


  22. #82
    Respected Member Iani's Avatar
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    Thanks for that, that clears a lot of things up, really appreciated


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