Permanent Residency and English Test Question

[YorkshirePuddin]

Hi all! Hope your all well!
My wife (on a Spouse visa) has been in the country over 2 years now and spouse visa is expiring early next year.

She has passed the Life In The UK test.
To get the spouse visa she passed an English test in the Phils. The test was taken for entry clearance for spouse visa.

The qualification she has is IELTS: Listening 6.0, Reading 6.0, Writing 5.5, Speaking 6.5, Overall Band score 6.0. Taken 8/8/2011.
We have the Test Report Form showing this. Is this a good enough english test and results when applying for permanent residency?
Is the Test Report Form enough paperwork or is something else needed? Is it still valid time wise or does my wife have to take it again.
Bloomin confusing this visa application malarkey.

Thanks in advance for any help & reply!

[Terpe]

Hi YorshirePudding,

I'm guessing that you mean ILR (Indefinite Leave to Remain) for Spouse under UK Immigration Rules prior to 9th July 2012 rather than Permanent Residency which is applicable mostly to EEA rules.

Firstly let me just say there's no problem and your wife doesn't need to re-take her English Language Test.

There's a story to this.
Please allow me the chance to list the key sources just to give you a logical official progression to the answers you want, so you can see and understand the evidence.

Here's what the Original Home Office Statement of Intent says (in part):-

..English Language Qualifications
We will accept a range of English language qualifications as evidence that an applicant has met the requirement to hold a B1 level speaking and listening qualification. This will help ensure that all those needing to take a test will be able to find one suitable for their needs and, so far as possible, that no one who already has an English language qualification at B1 or above will be required to take another one. So, for example, a person applying for settlement as a Tier 2 (General) migrant who has already demonstrated a knowledge of English equivalent to B1 level in order to qualify for entry clearance, will not have to take a further test at settlement stage...

I've highlighted the key part which seems to indicate that if B1 level is achieved already then no further tests are required.

However, this wasn't quite clear enough. Maybe as it mentioned Tier 2 but no mention to Spouse.
A number of Freedom of Information questions were formally raised with UKBA, including one from our own Forum Admin Rayna.

Here's one that was asked and received a successful response quoted below in part:-

The fact that an applicant’s qualifying English language certificate had expired would not prevent them from using their pass notification as evidence that they had reached level B1 (CEFR) English for a settlement or British citizenship application. They would not be expected to take another English
Language test, but will need to pass the Life in the UK test.

This now clearly states the Home Office position. Hope that puts your concerns to rest.

Sorry it's a long answer, but I feel it's important to link to the evidence.
Then at least we all know where the answer comes from.

(BTW, if you wife is actually under EEA rules and is in fact making application for Pemanent Residency then she'll need to clear 5 years living in UK as Resident and 1 year under PR (Pemanent Residency)

[YorkshirePuddin]

Terpe! Thanks so much! Perfect! Not too long and explains perfect as we were worried that it had expired.
I never find the websites easy to follow. Would be great if their were someone you could just ask verbally! But this forum is next best thing. Thanks again for your help now and in the past. All the best!

[YorkshirePuddin]

any suggestions for the "6 letters" showing my and my wifes name on it?!?!? We only have Council Tax! Everything else is in my name only.

[Terpe]

That evidence should ideally be spread over 24 months, means a letter/document at around 4 month intervals.
The Home Office want to verify that you have been co-habiting as a couple over that period.

Try to think about something along these lines:-

Driving License
TV License
Electricity Bills
Gas Bills
Water Bills
Council Tax Letters/Bills
Bank/Building society statements
Bank letters
Marriage Certificate
Registry Office Letters
NHS medical cards
Letters from GP
Sports club membership cards
Insurance Quotes
Letters from Church/Religious Organisations
National Insurance appointment letters
HMRC letters
Personal letters from friends/family etc
Mobile phone bills/letters
Tenancy agreements
Insurance policies/certificates or other correspondence
Loan agreements
AA,RAC or similar membership
Letters or other documents from your GP, a hospital or other local health service about medical treatment
Letter confirming registration with a dentist, etc – providing these documents show your home address and the date first registered

If you're really having problems you'll need to provide some reasonable explanation as to why and try to provide letters of support from other people such as family members or more especially from those folks who are able to say countersign passport photos etc
such as:-

- Accountant
- Airline pilot
- Articled clerk of a limited company
- Assurance agent of recognised company
- Bank/Building Society official
- Barrister
- Chairman/Director of limited company
- Chiropodist
- Commissioner of Oaths
- Councillor (local or county)
- Civil servant (permanent)
- Dentist
- Director/Manager of a VAT-registered charity
- Director/Manager/HR Officer of a VAT-registered company
- Engineer (with professional qualifications)
- Financial services intermediary (eg a stockbroker or insurance broker)
- Fire Service official
- Funeral director
- Insurance agent (full time) of a recognised company
- Journalist
- Justice of the Peace
- Legal secretary (fellow or associate member of the Institute of Legal Secretaries and PAs)
- Licensee of public house
- Local government officer
- Member, associate or fellow of a professional body
- Member of Parliament
- Merchant Navy officer
- Minister of a recognised religion (including Christian Science)
- Nurse (RGN and RMN)
- Officer of the armed services (active or retired)
- Optician
- Paralegal (certified paralegal, qualified paralegal or associate member of the Institute of Paralegals)
- Person with honours (an OBE or MBE, for example)
- Pharmacist
- Photographer (professional)
- Police officer
- Post Office official
- President/Secretary of a recognised organisation
- Salvation Army officer
- social worker
- solicitor
- surveyor
- Teacher, Lecturer
- Trade Union Officer
- Travel agent (qualified)
- Valuer or Auctioneer (fellows and associate members of the incorporated society)
- Warrant Officers and Chief Petty Officers


Try not to get too hung up on documents/letters with both your names. Although that's the simplest it's often not the easiest.
As I said, the requirement from UKBA is principally to demonstrate that you have been living together at the same address(es) (and still do) throughout the 2 years probationary period.

Try to have your wifes name on as many 'ID' documents as you can. It's always useful.

I've never known a refusal for lack of named letters etc

Hope it helps a little.

[YorkshirePuddin]

Helps a LOT! thanks again. Really, really appreciated! Have a great week!

[grahamw48]

Press that little star to give Terpe some rep.

[YorkshirePuddin]

sorry which little star? happy to give some rep but dont know how?!?

[grahamw48]

The black one at the bottom of each person's reply box (except your own).

[YorkshirePuddin]

The black one at the bottom of each person's reply box (except your own).

Im sorry mate I just dont see it at all!?! Am I daft or just going crazy?!?

[Terpe]

Im sorry mate I just dont see it at all!?! Am I daft or just going crazy?!?

You can see that little black star right at the bottom of that image just to the right of the little black square that say's IP............

As Graham says it doesn't show up on your own posts.....only on the posts of others. For example, on the post of someone you want to award a rep or thanks