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New English language testing for partners

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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New English language testing for partners

Post by geriatrix » Tue Aug 17, 2010 3:58 pm

Supreme Court: Pre-entry English Tests Are Lawful
New Judgment: R (Ali) v Secretary of State for the Home Department; R (Bibi) v same [2015] UKSC 68


Initially started on 29 November 2010
New English language requirement for partners.
English language requirement
Applying for a UK visa: approved English language tests
4. Knowledge of English
Appendix O: approved English language tests
Briefing

Note that the UKBA does not consider the Life in the UK test to meet with the English Language requirements.

Expired tests may be acceptable or not required, if they were used as part of a successful previous application (211).
5. wrote:..."it was accepted that she met the requirements" and the judge went on now to say that, "I find it contradictory to now suggest that she has now lost ability to speak English in the two year period since the last application".
For ILR applications, see also 2.2(b).

New A2 English requirement in the family route - Effective 1 May 2017.

Return of passport by Home Office to sit Secure English Language Test and FOI 38544 Response.pdf.

Test rejected?
Last edited by geriatrix on Fri May 25, 2012 10:54 pm, edited 7 times in total.

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If you have a degree taught or researched in English

Post by geriatrix » Mon Nov 08, 2010 5:42 pm

If you have a degree taught or researched in English



Until 05-Apr-2016
Use the PBS calculator, as follows (the caseworkers are advised to follow the same steps to check an applicant's qualification using PBS calculator):
  • 1. tier dropdown: select ‘Tier 2 (Skilled workers)’
    (don't worry if you were never a Tier 2 migrant, it doesn't matter; those who don't understand why it is irrelevant, reading this post will help)
    2. category drop-down: select ‘Tier 2 (General)’
    3. ‘where are you applying from?’ question: select ‘Outside the United Kingdom’ (this is the quickest way to get to the required stage in the system)
    4. in the following ‘Sponsorship’ and ‘Salary’ stages select either ‘Yes’ or ‘No’ ( it does not matter which)
    5. in the ‘English skills’ stage, select ‘I have a UK Bachelor degree-equivalent qualification (or above) that was taught in English’
    6. enter details of the qualification in the following drop-down lists, up to and including ‘Year of award’
    7. in the table displayed on the next screen, check the ‘Points for English language’ column:
If 10 points are displayed, the qualification has been deemed by UK NARIC to be academically equivalent to a UK Bachelor degree or higher and to have been taught in English. Take a prinout of this webpage to be included in the application. <CHANGES>

If zero points are displayed, the qualification may either have been deemed to be below UK Bachelor degree level, or not taught in English, or both.
In such case, there are two options: If ELA or SoC also deem the qualification to be below UK bachelor degree level then the only option is to take an approved English language test.




From 06-Apr-2016
From 06-Apr-2016, a printout of the points-based calculator on gov.uk website cannot be used as evidence of English language proficiency to the prescribed standard.
Statement of changes to the Immigration Rules: HC877, 11 March 2016 wrote:Changes relating to various Points-Based System categories

7.20. Amendments are being made to reflect the closing down of the “points based calculator” tool on the gov.uk website, which applicants may currently use if they would like to use an overseas qualification to demonstrate a requirement of the rules. From 6 April 2016, applicants should instead obtain an official statement from UK NARIC: http://www.naric.org.uk/visasandnationality.
If you hold a UK qualification that you wish to use as evidence of English language proficiency:
As on date, NARIC V&NS portal doesn't allow you to enter "UK" as country of study and displays the following message - "You have entered a UK qualification, you do not need the visa service for UK qualifications". Therefore:
If you hold an academic qualification: Submit your original (bachelor, master or PhD) degree certificate. No other document required - you may wish to include a print-screen of the NARIC V&NS webpage displaying the message mentioned above, your choice! See also this post.
If you hold a vocational / professional qualification: You cannot use a vocational / professional qualification to meet English language proficiency requirement. You will need to take a SELT (see Q4).

If you hold an overseas qualification that you wish to use as evidence of English language proficiency:
From 06-Apr-2016 applicants will need to apply for NARIC statement(s) using their new VIsa and Nationality Services:
Apply online for official UK NARIC statements, custom-designed for immigration purposes, that confirm your academic qualification level and/or English language proficiency – as appropriate for your personal circumstances and immigration route. All the key information required by Home Office UK Visas and Immigration (UKVI) case workers is presented clearly.
What is the Visas and Nationality service for? wrote:A new online application system has been specifically developed and will provide official UK NARIC Visas and Nationality statements, custom-designed for immigration purposes. These statements confirm your academic qualification level and/or English language proficiency – as appropriate for your personal circumstances and immigration route. The new security-enhanced statements present clearly all the key information regarding your qualification(s)(about your qualifications, country of study etc) required by UKVI immigration case workers.
Costs

Note: It is not yet known for certain if ELA or SoC (+university letter) are being accepted by UKV&I for immigration applications submitted after 06-Apr-2016. Since there has been no announcement regarding "transitional arrangements" either, please check with UKV&I beforehand if you wish to use ELA / SoC for applications to be submitted after 05-Apr-2016.
Last edited by geriatrix on Tue Nov 01, 2011 10:24 am, edited 2 times in total.

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Post by geriatrix » Mon Jun 13, 2011 4:28 pm

Statement of changes in Immigration Rules HC 1148 wrote:Amendments to the English language requirements for spouses

7.15 To make two minor changes to the English language requirement for migrants applying for leave to enter or remain in the UK as the spouse or partner of a British citizen or person settled here. Masters degrees and PhDs taught in English will be accepted as evidence of meeting the requirement. In addition, the references to the Secretary of State will be removed from the English language exemption provisions to clarify that decisions in these circumstances can also be taken by Entry Clearance Officers.
Life isn't fair, but you can be!

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Post by geriatrix » Fri Dec 16, 2011 1:12 pm

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Post by Obie » Fri Apr 12, 2013 7:12 pm

Court of Appeal upheld the decision of the High Court in Bibi and Chapti, and dismissed the appeal.

Quite a controversial Judgement. Approved by 2 judges, Sir David Keene dissented.

Will not be surprised if this matter went to the Supreme Court.

I had not read the full judgement, and assumed the appealed was allowed, by reading the dissenting view of Sir Keene.
Last edited by Obie on Mon Apr 15, 2013 1:24 pm, edited 1 time in total.
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Post by vinny » Mon Apr 15, 2013 10:19 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Post by vinny » Tue Apr 16, 2013 11:37 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Post by vinny » Thu Aug 15, 2013 11:55 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Post by vinny » Thu Sep 05, 2013 10:04 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: New English language testing for partners

Post by Obie » Sun May 18, 2014 4:45 pm

The Supreme court has granted permission to appeal in the case of Bibi, so there is still hope.
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Re: New English language testing for partners

Post by vinny » Fri Nov 20, 2015 2:06 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: New English language testing for partners

Post by Obie » Tue Dec 01, 2015 2:18 am

I am not quite sure it was completely dismissed vinny.

Some of the SSHD policy went for criticism, in regards to the circumstance where exemption should be offered.

But I agree it was not a good day in court for BIBI.
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Re: New English language testing for partners

Post by vinny » Fri Mar 18, 2016 12:05 pm

point-based-calculator-going-away
Statement of changes to the Immigration Rules: HC877, 11 March 2016 wrote:Changes relating to various Points-Based System categories and Representatives of Overseas Businesses

7.20. Amendments are being made to reflect the closing down of the “points based calculator” tool on the gov.uk website, which applicants may currently use if they would like to use an overseas qualification to demonstrate a requirement of the rules. From 6 April 2016, applicants should instead obtain an official statement from UK NARIC: http://www.naric.org.uk/visasandnationality.

7.21. Minor amendments are being made to clarify that UK NARIC determines the level of international qualifications, and does not assess UK qualifications; and to confirm that Master’s degrees and PhDs taught in English may be used to satisfy the English language requirement for Representatives of Overseas Businesses, in line with Points-Based System categories.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: New English language testing for partners

Post by vinny » Wed Dec 20, 2017 12:04 am

Woman's English 'too good for UK entry' wrote:A Home Office spokeswoman said: "Some applicants for visas to settle in the UK need to pass an English language test at an approved centre that is specified in the immigration rules."
"Mrs Rintoul failed to do this and also failed to submit the necessary supporting evidence for her application. It is open to her to reapply under the Priority Visa Service."
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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Re: New English language testing for partners

Post by vinny » Sun Feb 04, 2018 3:19 am

Test rejected?
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Re: New English language testing for partners

Post by vinny » Fri Aug 14, 2020 4:01 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: New English language testing for partners

Post by vinny » Fri Oct 02, 2020 11:42 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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