HELP......English Language Requirements

Henners · Post by **Henners** » Sun Aug 09, 2020 4:36 pm

Hello

I was hoping to get some advice on my wife’s application for Indefinite Leave to Remain, I’ve tried searching the forum and Google (including the Home Office info) and we are still as confused as ever.

My wife is a Russian National on the 5 year spouse route and her application for ILR was due at the start of the pandemic.

The proof of English language skills she has used for her 2 previous spouse visas (and visitors visas before that) is her ESOL examination certificate. It is a Cambridge University Level 3 Certificate in Advanced English. She received a grade A at level 3 (UK National Qualifications Framework), Council of Europe Level C2.

When she had completed the application she rang the Home Office Coronavirus Helpline as she wasn’t able to book an appointment for the Life in the UK test. She was assured that her application wouldn’t be affected by the delay in providing the LIUK result. They also confirmed the certificate for her language skills, submitted for previous visas would be accepted.

So fast forward a little and LIUK passed and application submitted. She has since had 2 emails. The first asking the reason her application was submitted late......erm, little question of a global pandemic holding everything up.

The second email, just this week, was to say they can’t accept her qualification as the test centre (in St Petersburg, Russia) is no longer an approved provider as set out in Appendix O. When we’ve searched for Appendix O on .gov it is showing as deleted.

The HO Staff Guidance, English language requirement: family members under part 8, Appendix FM and Appendix Armed Forces, Part 8 suggests the qualification is valid as does S.32d of Immigration Rules Appendix FM-SE: family members specified evidence.

The qualification is still valid on OFQUAL and it seems crazy she will have to go to the trouble of travelling to a test centre to pay for and sit a lower qualification than she already has.

We are going to contact the HO by email or try the helpline again but I just wondered if anyone has had a similar experience or has any advice.

Many thanks in advance.

Post by **AmazonianX** » Sun Aug 09, 2020 5:23 pm

Henners wrote: ↑
Sun Aug 09, 2020 4:36 pm
Hello

I was hoping to get some advice on my wife’s application for Indefinite Leave to Remain, I’ve tried searching the forum and Google (including the Home Office info) and we are still as confused as ever.

My wife is a Russian National on the 5 year spouse route and her application for ILR was due at the start of the pandemic.

The proof of English language skills she has used for her 2 previous spouse visas (and visitors visas before that) is her ESOL examination certificate. It is a Cambridge University Level 3 Certificate in Advanced English. She received a grade A at level 3 (UK National Qualifications Framework), Council of Europe Level C2.

When she had completed the application she rang the Home Office Coronavirus Helpline as she wasn’t able to book an appointment for the Life in the UK test. She was assured that her application wouldn’t be affected by the delay in providing the LIUK result. They also confirmed the certificate for her language skills, submitted for previous visas would be accepted.

So fast forward a little and LIUK passed and application submitted. She has since had 2 emails. The first asking the reason her application was submitted late......erm, little question of a global pandemic holding everything up.

The second email, just this week, was to say they can’t accept her qualification as the test centre (in St Petersburg, Russia) is no longer an approved provider as set out in Appendix O. When we’ve searched for Appendix O on .gov it is showing as deleted.

The HO Staff Guidance, English language requirement: family members under part 8, Appendix FM and Appendix Armed Forces, Part 8 suggests the qualification is valid as does S.32d of Immigration Rules Appendix FM-SE: family members specified evidence.

The qualification is still valid on OFQUAL and it seems crazy she will have to go to the trouble of travelling to a test centre to pay for and sit a lower qualification than she already has.

We are going to contact the HO by email or try the helpline again but I just wondered if anyone has had a similar experience or has any advice.

Many thanks in advance.

On the call you made, the inability to get LIUK done should not have hindered filling up application and submitting as this is done online. It would only be for you to be to provide result of LIUK when you have it and waiting for the biometric appointment at the time the UKVAC will open. Several members on the forum were in similar situation and made in time application.

For the English language certificate reuse, the requirement is that
a. the said test must have been used previously for a successful application
b. the exam and center must still be on the approved list of the HO at the time you apply.

The information you got on phone is probably from someone who does not know the rules as is (it is said to be common experience with calls made to UKVAC for information). Not sure they can be held liable for providing you the wrong information.

Search the forum and you will find a couple of threads about how they successfully applied in time during the pandemic while unable to provide things like English test cert, LIUK result etc.

Post by **CULLINAN** » Sun Aug 09, 2020 7:16 pm

The best approach would have been to submit the application in time (before expiry) even without LIUK & English Test (including a cover letter if caught up due to pandemic.)

If you did not submit the application in time and the CW is still considering it, you are lucky.

I would urge you to not waste anymore time and book an approved English Test and submit with the application asap.

In the meanwhile, you can request HO to grant you some time with the evidence you have booked it and will provide it on XX date.

Note, just to save £150 you risk getting your application refused, hefty fees loss and headache for later.

https://www.trinitycollege.com/qualific ... SE-grade-5

seagul · Post by **seagul** » Sun Aug 09, 2020 9:05 pm

Henners wrote: ↑
Sun Aug 09, 2020 4:36 pm

The HO Staff Guidance, English language requirement: family members under part 8, Appendix FM and Appendix Armed Forces, Part 8 suggests the qualification is valid as does S.32d of Immigration Rules Appendix FM-SE: family members specified evidence.

Your grasp over the relevant rule is quite good but given the current climate ideally strictly follow them. If you have a foreign degree then alternatively may consider to get it reassessed under NARIC red route to meet the requirement.

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HELP......English Language Requirements

HELP......English Language Requirements

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