English Language Requirement

[Speedyman52]

Please can anyone tell me if my wife's expired language certificate (Nov 2015) will be needed or accepted when she apply's for FLM in April 2016.

[cheekee]

As long as it's B1 level or higher I think its accepted.

[Speedyman52]

Thanks Cheekee, but she has A2.

[Arthur Little]

Thanks Cheekee, but she has A2.

... 'fraid I'm unable to answer your query - as it so happened my Filipina wife came here fully 61/2 years ago. Which was before English Language Testing became mandatory.

Please stick around, though ... as a fellow Moderator of mine, Terpe (now living in the Phils) is likely to be online shortly and will, I'm sure, be delighted to clarify the current situation.

[Rory]

You need A1 for FLR and a B1 when you are applying for ILR.

http://www.trinitycollege.com/site/?..._campaign=selt

The A2 sounds higher than the A1 that is required but the english language test has to be from an approved examination body. This new rule came in earlier this year. My wife had a A1 english certificate with Hopkins which was not valid any more.

Here is a current list of examination bodies that are accepted. If your wife's certificate is not from the list here then she will have to sit it again. My wife sat hers again and it is the same cost for sitting a A1 and it is to sit a B1 so it make sense to sit the B2 so you are coved when it comes to the ILR.

https://www.gov.uk/government/upload...st_Centres.pdf

From what i have read and heard on her, if your wife's english Cert has an expire date on it then they will still accept it as long as it is from the list above.

[Terpe]

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

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.

2. Then the immigration rules under paragraph 32D of Appendix FM-SE See this link here 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.

Reading through the above Para 32D ii reference is made to para 32B which states:-

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.

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.

Here's what para 32C states:-

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.

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.

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.

[Speedyman52]

Thanks for your advise Terpe, i think it would be better if my wife takes the B1 level test in readyness for all further applications, but will the future expired B1 certificate be of any use in ILR and British Citizen applications or with my wife have to complete it again to make sure the certificate has not expired.

[cheekee]

Yes the B1 will be valid even if expired will be OK

[Iani]

Thanks for that, I was about to ask myself.

So to clarify - already said - A1 good enough for flr, B1 needed for indefinite.

Presumably someone taking the new test - for example Krish and her friend took the IELTS test yesterday, IF they didn't quite get the B1, they'd be given an A1.

Absolute "couldn't run a bath never mind a test centre" experience there though, which I may share in a post

[cheekee]

If you take the new IELTS life skills test you have to specify if you are taking A1 or B1. You are then tested at that level. You then pass or fail. There is no score like the general training. So you don't get an A1 pass if you take B1 and don't quite make the B1 level .

[Iani]

Ahhh right, that's good to know, thanks.