Naturalisation queries

cs95tdg wrote:I think a pertinent question to ask the Home office is whether a English language qualification that is no longer on the list of acceptable English qualifications (subsequent to Nov 12th, 2015), but was valid at the time you were granted ILR (after Oct 2013), would that still be acceptable for naturalisation?

Personally if I had such a qualification and were planning to apply for naturalisation after November 12th, I'd do a new test and submit it instead.

But it's worth asking the question from the Home office, if you do not wish to do so.

I can see few questions on whatdotheyknow with no response from home office
https://www.whatdotheyknow.com/request/ ... _3_for_app
https://www.whatdotheyknow.com/request/ ... met_the_kn

Based on that, it comes down to whether you would prefer to 1) write and ask the question yourself - then wait for a response, 2) risk possible complications by going ahead with your existing qualification or 3) doing a acceptable test and submitting that instead.

I'm generally risk averse, so would personally write and ask the question myself (then again may be not, if you'd rather not delay your application), and if I didn't receive a reply within a reasonable timeframe, just to do another acceptable test instead.

It beats the possibly of having the home office delay your application, asking for alternate evidence at a later date. Or even the possibility of the application being refused, and having to submit a reconsideration request. All of which are complicated. Keep it simple if possible.

cs95tdg wrote:Based on that, it comes down to whether you would prefer to 1) write and ask the question yourself - then wait for a response, 2) risk possible complications by going ahead with your existing qualification or 3) doing a acceptable test and submitting that instead.

I'm generally risk averse, so would personally write and ask the question myself (then again may be not, if you'd rather not delay your application), and if I didn't receive a reply within a reasonable timeframe, just to do another acceptable test instead.

It beats the possibly of having the home office delay your application, asking for alternate evidence at a later date. Or even the possibility of the application being refused, and having to submit a reconsideration request. All of which are complicated. Keep it simple if possible.

I have called home office helpline at two separate occasions today and they confirmed it is acceptable, however I also know that the advice provided by call centre guys is not trustworthy. I have also sent couple of emails, will post when and if I get any response.

Meanwhile on this link
https://www.gov.uk/english-language/app ... ifications

It says

Some qualifications on the Home Office’s list expire after 2 years.

You can use an expired test if:

you’re applying for citizenship and your B1 level qualification was accepted when settling in the UK
you’re applying to settle in the UK and your qualification was accepted for another UK immigration application, eg when you got permission to enter

I think it now clarify that it should be acceptable. Do you guys agree? especially CROO1, as I found you always helpful and knowledgeable.

Is your qualification on this list below?

https://www.gov.uk/government/uploads/s ... ebsite.pdf

The fact that has now expired would not matter.

cs95tdg wrote:Is your qualification on this list below?

https://www.gov.uk/government/uploads/s ... ebsite.pdf

Nope.

cs95tdg wrote: The fact that has now expired would not matter.

Please read this

Some qualifications on the Home Office’s list expire after 2 years.

You can use an expired test if:

you’re applying for citizenship and your B1 level qualification was accepted when settling in the UK
you’re applying to settle in the UK and your qualification was accepted for another UK immigration application, eg when you got permission to enter

I did read that, the way I interpreted that was purely as a note to those who were worried that their expired certificates (used for previous ILR but still listed on the acceptable qualifications list) would now no longer be accepted for naturalisation - on the basis that they had expired.

But the question here appears to be, whether the qualification itself is now acceptable (not the fact that it has expired), because it is no longer on the acceptable qualifications list.

I will leave it for others to comment, as I don't believe I can add anything more of value to the discussion at this point in time.

I would have to agree with cs95tdg here that the expired qualification will only be accepted if they appear on the approved English language test list

It's best to take a new test since you will be forking out £££, it's best to keep things simple.

Also if you read between the lines it states the Home Office list as per below, so what is the current list? Does the qualification appears on the current list or not?

Some qualifications on the Home Office’s list expire after 2 years.

You can use an expired test if:

- you’re applying for citizenship and your B1 level qualification was accepted when settling in the UK

- you’re applying to settle in the UK and your qualification was accepted for another UK immigration application, eg when you got permission to enter

CR001 wrote:

Validation Stamp, Cambridge ESOL

Not sure if this will be a problem as ESOL is no longer accepted by HO.

ESOL is no longer accepted by HO regardless of whether it was used in a previous application.

Is it possible that the exemption:

met this requirement, on or after 28th October 2013, in order to obtain settlement (ILR),

may no longer apply to those who are relying (or have relied earlier, on/after 28-Oct-13,) on meeting the English language requirement through a "language test" but continues to hold good for people with other means of meeting the requirement (academic qualification, nationality)??

That said, I also find it hard to imagine HO asking people who took a test to qualify for settlement on/after 28-Oct-13 to now take another test within 2 years to qualify for naturalisation.

The only case posted onthe forum to suggest that this may be happening is - psnib's case.

But psnlb has not posted in his/her topic why he/she was asked to take a new test (the reason for not accepting TOEFL)! So it is just a guess ....


To make matters worse, neither of the two guidances have been updated to reflect the change and explain how it affects applicants.

sushdmehta wrote: That said, I also find it hard to imagine HO asking people who took a test to qualify for settlement on/after 28-Oct-13 to now take another test within 2 years to qualify for naturalisation.

The only case posted onthe forum to suggest that this may be happening is - psnib's case.

This is really unfair if true. Every time I call citizenship helpline, I get the same answer that you don't have to redo the test and the original qualification can be resubmitted. I know that are not the well trained people, however, I find it really difficult to understand that all of the advisers don't know the rules.

If you or any other moderator, by any chance, know or can have means to contact home office, please do so to clarify the requirement. I have dropped them emails but I am not sure when (and if) I will receive the response.

Thanks

Any response from the email address given in this post? That seems to be the most appropriate team to answer the query (but that's assuming they themselves know how the changes to immigration rules, in context, have affected KoLL requirement for nationality applications).


Since 28-Oct-13 KoLL requirements for both settlement and naturalisation have been the same. If that is supposed to continue post Nov-2015 changes (as HO seems to advertise through their statements) then the only change is that non-SELT test qualifications may no longer be accepted for settlement - hence may no longer be accepted for naturalisation????



I suspect there will be a few weeks (if not months) of limbo before things become clear(er).

sushdmehta wrote:Any response from the email address given in this post? That seems to be the most appropriate team to answer the query (but that's assuming they themselves know how the changes to immigration rules, in context, have affected KoLL requirement for nationality applications).

Nope, Just waiting.

sushdmehta wrote: Since 28-Oct-13 KoLL requirements for both settlement and naturalisation have been the same. If that is supposed to continue post Nov-2015 changes (as HO seems to advertise through their statements) then the only change is that non-SELT test qualifications may no longer be accepted for settlement - hence may no longer be accepted for naturalisation????
I suspect there will be a few weeks (if not months) of limbo before things become clear(er).

Going back to my own case, I have a expired IELTS GENERAL certificate. The validation stamp on certificate says "CAMBRIDGE ESOL/BRITISH COUNCIL/IDP.IA". Now, is this a non-SELT test qualification or a SELT qualification? your thoughts?

The awarding body of your IELTS exam is University of Cambridge ESOL examinations. The mention of ESOL may be enough for a stupid caseworker to reject your IELTS test result.

IELTS SELT awarding body is "Cambridge English Language Assessments".

Another one that you may want to write to: NationalityPolicyTeam.Liverpool@homeoffice.gsi.gov.uk

sushdmehta wrote:Another one that you may want to write to: NationalityPolicyTeam.Liverpool@homeoffice.gsi.gov.uk

Thanks email sent.

It should not matter that Esol mention or not because he has already satisfied English requirement in ILR application after 28 October 2013 so he does not demonstrate it again I am in the same situation and I sent my application before 12th November with expired IELTS because I satisfied English requirement in ILR therefore ticked the (already met box). That's it.
If u disagree then plz answer me on thing
If someone has proved his English ability then why he needs to do again?

TBH, it is only when undecided applications on/after 12-Nov-15 start getting processed that the issue may become clear - if people start posting on the forum request from HO to take an SELT test. Or if HO clarifiies before that ... in response to FOI requests / emails, or in updated guidance / website etc.

Hello,

I email Nationality team and I got this auto reply with the fact sheet attached i.e.KNOWLEDGE OF LANGUAGE AND LIFE IN THE UK REQUIREMENT Qualifications Fact Sheet and it says that

English language tests

1. Will my qualification meet the requirement?
We cannot advise about individual qualifications. Your qualification should be at
B1 CEFR level or above and be on attached LIST A. You must have taken this
test at an approved centre (see
https://www.gov.uk/government/publicati ... uage-tests).

2. What if I am applying for citizenship and I met the language requirement for
settlement?
If you met the language requirement for settlement by passing a test at B1 level you will
not need to pass another test.

3. What if your website says my qualification expires after 2 years?
Qualifications are only valid for 2 years for immigration purposes. However, for
settlement applications, we will accept one of the qualifications on the attached list that
has passed the expiry date, if it has previously been accepted by us in connection with
another immigration application, e.g. for entry clearance.
For citizenship applications you do not need to pass another test if you met the English
language requirement for settlement by passing a B1 level test.
You should write the number of your qualification in the relevant section of the
application form so that we can verify it.

I think its very clear now, if English language exam is accepted in ILR then do not need to do it again.

Thanks
SIDD

I agree with u completely and can also confirm that I received this same fact sheet from nationality team in reply to my same question. I think there should b no doubt now.

After discussing on the forum, I decided to cancel my NCS appointment. Visited NCS, and the lady there confirmed me, that I can submit the same IELTS certificate. I am now proceeding with my NCS appointment and will update you guys how it goes.

Hi Ukbalovestory
I think it can't b clear more than this in the fact sheet that if u satisfied English ability in ILR then no need to do again. I submitted expired IELTS in my application.

fbutt50 wrote:Hi Ukbalovestory
I think it can't b clear more than this in the fact sheet that if u satisfied English ability in ILR then no need to do again. I submitted expired IELTS in my application.

I wishyou good luck with your application. Let me know when and if you get any feedback/approval

Its quite simple, if you fulfilled the life in the UK and english language requirement for settlement application after oct 2013 then you don't need to do the test again, even if you used ESOL it doesnt matter as there are no restriction in the option

I met the knowledge of language and life requirement to qualify for settlement on or after
28th October 2013;

please save your hard earned £150.

I agree with u tcpip that's the only reason they kept the option of ( koll requirement already met) in the form and it clearly says in the guideline for naturalisation application u do not need to do again however people still confused about it I don't know why?
I have checked this with one of the lawyer and NCS also confirmed it.