ILR questions

[Roses8898]

Could you please possibly help me at all to clarify these 2 queries regarding my wife's spouse visa - in relation to Spouse Visa 5 year route

1. Could you please help clarify the earliest we can apply for it. The timeline is below:

· Arrive UK- initial entry October 1 2013

· FLR (M) successful – New visa Expires 30 Jan 2019

Is this the earliest we can apply either?

· 28 day prior to completion of 60 months which would be October 1 2018

· 28 day prior to expiry for FLR visa which is 1 Jan 2019


2. Expired B1- my wife completed a B1 English from Trinity College in April 2016, which was used for her FLR (M) in May 2016

The question there is, could we still use this B1 result for her SET (M)? which is due later this year or early next, depending on the answer to Q1.

The test expires after 2 years. However, the HO website says you can still use it as long as it's used in previous application (which it was i.e. FLRM) and still on accepted list of result (which it currently is)

See link below

https://www.gov.uk/english-language/...qualifications

[joy_86jm]

I just applied my ILR last January. As I can remember, the earliest you can apply is 28 days before your FLR expired.

For your 2nd question, she can still use her English certificate even if it is expired as long it is B1 or above and used during previous application, and accredited testing centre.

Hope that helps.

[Roses8898]

RE the English Test- I am confused as the Rules and guidance states different things


The Guidance states:



Validity of qualifications

Validity dates of SELT qualifications listed in Appendix O of the Immigration Rules, or on the Ofqual register, will not be applied for settlement applications provided either:

• • the qualification has previously been accepted for another immigration application

• if it is being presented for the first time, that it was taken in: o England and was regulated by Ofqual

o Wales and was regulated by the Welsh Government

o Northern Ireland and was regulated by the Council for the Curriculum, Examinations and Assessment (CCEA)

o Scotland and was regulated by the SQA



However the Immigration Rules states:



.1 An applicant for leave to enter or remain has sufficient knowledge of the English language and about life in the United Kingdom for the purpose of an application for indefinite leave to enter or remain made under these Rules if the requirements set out in paragraphs 2.2 and 2.3 are met unless the exceptions set out in Part 3 apply.

2.2 For the purposes of paragraph 2.1, an applicant demonstrates sufficient knowledge of the English language if:

the applicant-

(i) has limited leave to enter or remain in the UK, and

(ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.



the bold letters I have added above. Only if her previous grant of leave required a B1 pass would the test be valid for this application if it had been used in a previous application. Since she only needed A1 and latterly A2 I would interpret that she cannot rely on the expired test because her previous grant of leave didn’t require that level of qualification.

[songz777]

Could you please possibly help me at all to clarify these 2 queries regarding my wife's spouse visa - in relation to Spouse Visa 5 year route

1. Could you please help clarify the earliest we can apply for it. The timeline is below:

· Arrive UK- initial entry October 1 2013

· FLR (M) successful – New visa Expires 30 Jan 2019

Is this the earliest we can apply either?

· 28 day prior to completion of 60 months which would be October 1 2018

· 28 day prior to expiry for FLR visa which is 1 Jan 2019


2. Expired B1- my wife completed a B1 English from Trinity College in April 2016, which was used for her FLR (M) in May 2016

The question there is, could we still use this B1 result for her SET (M)? which is due later this year or early next, depending on the answer to Q1.

The test expires after 2 years. However, the HO website says you can still use it as long as it's used in previous application (which it was i.e. FLRM) and still on accepted list of result (which it currently is)

See link below

https://www.gov.uk/english-language/...qualifications

I have had a look at the ILR(M) and it seems there is no provision nor get out clause for having a previous English Test Certificate when you first came to the UK. I think it would be better just to take another one.

[raynaputi]

If the previous English Test provided in the previous visa applications has a grade of B1 level and above and is still in the list of accepted English test provider, then you don't need to retake the test (even if the test certificate is already expired). ILR requires the applicant to have a grade of at least B1. Previous visa applications have lower level grade requirements, A1 for entry to UK and A2 for extensions.

This is one reason why I always advise to take the B1 level test from the start of immigration journey, to minimise retakes for future visa applications.