The UKVI English Language Tests have a long history for being completely confusing.
Today in September 2015 the situation remains confusing.
Here's why :-
1. FLR(M) Application Form states
2. Then the immigration rules under paragraph 32D of Appendix FM-SE See this link here states:-If you sat a test on or after 6th April 2015 you do not need to provide any documentary evidence
of your test with your application. Instead, you should provide your SELT unique electronic
reference number, provided by the awarding body.
Transitional arrangements apply for people who sat a test before 6th April 2015. You may still be
able to use your test with applications made before 5th November 2015. See section 21e) of the
FLR(M) guidance notes.
Reading through the above Para 32D ii reference is made to para 32B which states:-32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker may accept that certificate or result as valid if it is:
(a) from a provider which is no longer approved, or
(b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
(c) from a test centre which is no longer approved, or
(d) past its validity date (if a validity date is required under Appendix O),
provided that when the subsequent application is made:-
(i) the applicant has had continuous leave (disregarding any period of overstaying of no more than 28 days) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix.
I think on the balance of probability it's unlikely that 32B would apply to most folks however para 32C could possibly be used as a reason to maybe be invoked since the TOIEC test was withdrawn from all UKVI programs due to being exposed for systematic cheating & fraud by the administrators of the TOEIC and led to UKVI suspending acceptance of all ETS English exams.32B. Where the decision-maker has:
(a) reasonable cause to doubt that an English language test in speaking and listening at a minimum of level A1 of the Common Framework of Reference for Languages relied on at any time to meet a requirement for limited leave to enter or remain in Part 8 or Appendix FM was genuinely obtained; or
(b) information that the test certificate or result awarded to the applicant has been withdrawn by the test provider for any reason,
the decision-maker may discount the test certificate or result and require the applicant to provide a new test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.
Here's what para 32C states:-
Personally I believe it would be very nice to try to secure a written statement about the specific requirement from UKVI to be 100% confident.32C. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM
submits an English language test certificate or result which has ceased by the date of
application to be:
(a) from an approved test provider, or
(b) in respect of an approved test, or
(c) from an approved test centre,
the decision-maker will not accept that certificate or result as valid, unless the decision-maker
does so in accordance with paragraph 32D of this Appendix and subject to any transitional
arrangements made in respect of the test provider, test or test centre in question.
But in principle it does seem that a passing grade English Language Test certificate used in a previously successful visa application under the same route is acceptable for FLR(M) despite being no longer listed as an approved test and despite being date expired.
However the TOEIC may be excluded. It's just not clear enough to be comfortable.
My own recommendation therefore, would be to take a new B1 level test from the current UKVI approved list in readiness for your FLR(M) application next April 2016
This could then also be used for the ILR and British Citizen applications which demand a minimum level B1 passing grade.