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New Requirement for ILR

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Smit
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New Requirement for ILR

Post by Smit » Mon Dec 04, 2006 11:40 am

Life in the UK Test introduced for ILR applicants from 2nd April 2007.

http://www.ind.homeoffice.gov.uk/6353/1 ... eqanda.doc

rg1
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Post by rg1 » Mon Dec 04, 2006 1:11 pm

It was expected. However, instead of dropping bombs in installments, HO should say everthing at once - we then can have some time to react and re-plan our lives.

Markie
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Post by Markie » Mon Dec 04, 2006 4:35 pm

Is the HO really restricting the influx of would-be settlers here in the UK?

quixote44
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Post by quixote44 » Mon Dec 04, 2006 4:46 pm

My pregnant wife has just got FLR and so we'll be applying for ILR in about 2 years time. Her English is not great and she recently had to postpone an intensive English course until January due to felling dreadful as a result of a pregnancy. There is a chance she won't be able to attend much of the course next term either (due to the pregancy again) .... then after that we will have a baby !

So if she can't get to the English level required in 2 years will we be able to keep applying for FLRs (at no small cost !) until she can pass the test ?

This sudden introduction of the test is really unpleasant !

RobinLondon
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Post by RobinLondon » Mon Dec 04, 2006 5:25 pm

If your wife can't pass the Life in the UK test or complete the ESOL class (with citizenship content), she'll have to apply for FLR(M) every two years, each time paying a new fee.

tvt
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Post by tvt » Mon Dec 04, 2006 9:29 pm

Some guys don't need to pass many tests to stay in the UK

http://www.telegraph.co.uk/news/main.jh ... fur103.xml
-----------------------------------
<<<N. N. - G. N.>>>

Marie B
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Post by Marie B » Mon Dec 04, 2006 10:12 pm

Daft question but, any ideas welcome...

My husband is due to apply for his ILR late April / early May 2007 so will obviously need to take and pass his Life in the UK test. I remember reading before that the test has no expiry on it so you can take it early and get it out of the way. Is that still the case with the 'old' and 'new' versions of the test as detailed in the link? So my husband can take the 'old' version before the 2nd April, get it out of the way and that pass certificate is still valid when he applies for his ILR after the 'new' version has come out?

I hope so, otherwise he's going to have a nightmare booking a test after the 2nd April but before his visa runs out, and manage to pass it in time. Also, nice to know the price of ILR application will no doubt be going up on the 2nd April (if only we'd gone with the February wedding as originally planned!)
24. Will the fee for indefinite leave to remain (settlement) increase? A consultation exercise is currently underway on all immigration and nationality fees. However, as yet no decisions have been taken. Any changes to the fees will be announced separately but it is expected that if there is an increase the new fees will be introduced on 2 April 2007 – on the same date as knowledge of life and language testing is introduced.
Also no more ILE??
45. Will people still be able to be granted settlement on entry?Spouses and partners of persons who are already settled here are currently eligible to apply for settlement on entry to the UK in certain circumstances. This will no longer be possible, and they will be granted a period of leave as a spouse or partner and will have to take the test in order to obtain settlement.

Marie B
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Post by Marie B » Mon Dec 04, 2006 10:26 pm

I think i've just found the answer to my own question:
20. If I pass the ESOL course/test will there be a time limit or will the pass stand indefinitely?A pass in either the knowledge of life test or an ESOL with citizenship course is not time-limited, they will remain valid indefinitely. You can also use the result to help you meet the requirements for citizenship if you wish to take this further step in the journey.

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Post by John » Mon Dec 04, 2006 10:43 pm

Is that still the case with the 'old' and 'new' versions of the test as detailed in the link?
Marie, there is no suggestion that the test is going to change. The test stays the same, whenever you take it. It is "merely" when you need to take the test that is changing.
John

ppron747
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Post by ppron747 » Mon Dec 04, 2006 11:02 pm

Actually the test is being revised, with a new edition of The Book coming out early next year, apparently more appropriate for ESOL Level 3 candidates.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

John
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Post by John » Mon Dec 04, 2006 11:10 pm

Yes Paul I have just spotted that. Apologies for the incorrect post earlier. As the Minister said in his statement :-
The handbook “Life in the UK: A Journey to Citizenship”, which needs to be studied by those intending to take the “Life in the UK” test, has been rewritten with the new requirements in mind and in the light of reactions to the first edition. Tests for both citizenship and settlement purposes conducted on or after 2 April 2007 will be based on the new edition of the handbook, which will be available early in the New Year.
John

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Post by ppron747 » Mon Dec 04, 2006 11:32 pm

I think the FAQs are a bit on the long side, to absorb in one sitting! (Actually, they seem to have been a bit long for IND to check properly as well, given the presence of an unactioned editorial comment by one "Jill m 1" next to number 51!...)
Number 62 says
62. What will the test consist of?
The test will be taken on a computer at one of around 100 Life in the UK Test centres in the UK. The test consist of 24 questions based on the information contained in chapters 2, 3 and 4 of the handbook "Life in the United Kingdom: A Journey to Citizenship". 45 minutes will be allowed for the test, but most people will be able to complete it in less time. People taking a test on or after 2 April 2007 must study the revised edition of the Handbook and take new, revised test. The new test will also consist of 24 questions, to be answered in 45 minutes, but the test will asked questions on chapters 2, 3, 4, 5 & 6 of the revised handbook.
I've seen so many people sail through the test that I don't think that imposing it on a new category of people is actually going to cause huge problems, although the abrupt timing is a bit of a pain...

To my mind, the apparent discontinuing of "ILE" for spouses of BCs, where the marriage has subsisted for more than four years outside UK is a real nuisance, and an added financial burden. People in this category are enough of a rarity that I simply don't believe that it would be impossible to create a few printed exam papers and let a few people take the test outside the UK.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

JAJ
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Post by JAJ » Tue Dec 05, 2006 12:16 am

ppron747 wrote: To my mind, the apparent discontinuing of "ILE" for spouses of BCs, where the marriage has subsisted for more than four years outside UK is a real nuisance, and an added financial burden. People in this category are enough of a rarity that I simply don't believe that it would be impossible to create a few printed exam papers and let a few people take the test outside the UK.
Perhaps the kindest thing one can say is that the Immigration and Nationality Directorates of the Home Office appear not to be talking to each other:

From the Nationality Instructions:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

"1.3.3.2 Where an applicant [for naturalisation] is the spouse of a British citizen in Crown service overseas they too will be expected to obtain the relevant “knowledge of life” qualification in the UK.
However in some cases they may be able to sit a paper-based version of the UfI “Life in the UK” test overseas, which will then be assessed by a designated person (eg FCO staff) who will provide confirmation that the applicant has successfully demonstrated adequate knowledge of life in the UK. As with the tests taken in the UK success in this test will also be
sufficient to demonstrate knowledge of English for naturalisation purposes."

mna8
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Post by mna8 » Tue Dec 05, 2006 12:49 pm

HI,

If you take Life in the UK test then you dont have to show ESOL.

Thanks
mna

ppron747
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Post by ppron747 » Tue Dec 05, 2006 1:00 pm

I'm not sure whether that's a question or a statement, mna8 - but the theory is that, in order to pass the test, people must have a command of English that is at around ESOL Entry 3 level. So no, you don't need to take an ESOL exam if your English is good enough to pass the test.
|| paul R.I.P, January, 2007
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John
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Post by John » Tue Dec 05, 2006 1:56 pm

but the theory is that, in order to pass the test, people must have a command of English that is at around ESOL Entry 3 level
That might be the theory but the reality is that whilst a language has four constituent parts .... reading, writing, speaking, listening .... it is only reading that is effectively tested by anyone taking the Citizenship Test.

That is, the person needs to read and understand the question, and read and understand the multi-choice answers ... and as long as they can do that they will have a good chance of passing ... assuming they have used their reading skill to study the book!
John

badhorse
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MIssing point

Post by badhorse » Tue Dec 05, 2006 4:42 pm

I think you have missed one point.

Introducing this test means the number of people who can apply for ILR is limited by the capacity of the test.

So if the capacity of the test is 1000 per year throughout the UK, then the maximum number of granting of ILR is 1000.

Isn't that clever by HO?

ppron747
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Post by ppron747 » Tue Dec 05, 2006 4:55 pm

Do you have any evidence at all to support your "rationing" theory, badhorse?

The fact that you appear to have missed is that there is no expiry date for the test "pass certificate". There is therefore nothing to stop someone from taking the test years before they are due to apply for ILR...

Once the system is properly bedded in, we will have an indication of the pressure on the test centres, but I suspect that the only people who will really have a problem will be those who leave it until the last minute, and find themselves unable to get an appointment at three days notice. They will be hit in the wallet, because they'll need to apply for FLR instead.
|| paul R.I.P, January, 2007
Want a 2nd opinion? One will be along shortly....

badhorse
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Post by badhorse » Tue Dec 05, 2006 5:22 pm

I understand your logic, but I don't think I missed the point. ;-)

The overall capacity of the test centre is the issue.

Yes, Person A can take test well in advance, but it is bad news for Person B who needs the test more urgently than Person A.

After all, there are only limited tests and someone is going to loss out if the capacity cannot meet the demand.

If you think about the overall effect to the whole population of nearly qualified migrants, you see how this test can be used as a very effctive means to control the overall number of ILR applications.

No, I don't have any evidence. Hopefully I am wrong, but the lessons in the past one year taught me to expect unexpected.

Christophe
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Re: MIssing point

Post by Christophe » Tue Dec 05, 2006 6:05 pm

badhorse wrote:I think you have missed one point.

Introducing this test means the number of people who can apply for ILR is limited by the capacity of the test.

So if the capacity of the test is 1000 per year throughout the UK, then the maximum number of granting of ILR is 1000.

Isn't that clever by HO?
But has there been any problem with the test capacity for people applying for naturalisation? I might be wrong, but it seems to me that the number of successful applicants for naturalisation has not fallen because of any problems with test capacity. (There was a rush, obviously, before the test was introduced as a requirement for naturalisation, and that meant some delays with naturalisation down the track.)

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Post by John » Tue Dec 05, 2006 7:51 pm

badhorse wrote:So if the capacity of the test is 1000 per year throughout the UK, then the maximum number of granting of ILR is 1000.

Isn't that clever by HO?
A House of Commons written answer on 18.04.06 states :-
Damian Green: To ask the Secretary of State for the Home Department how many people (a) passed and (b) failed the Life in the UK citizenship test between November 2005 and 28 February 2006. [63834]

Mr. McNulty: 24,613 people took the Life in the UK test between its implementation and 28 February 2006.

Of these, 17,240 passed and 7,373 failed, giving a pass rate of 70.04 percent.
So in just the first four months of the existence of the Citizenship Test over 24000 people took the test. So please let's not have any scaremongering about only 1000 test places per year.

I suspect that the actual test capacity in nicely in excess of 24613 x 3 per year. Why? The statistics for the initial period would have been "tainted" by the huge rush of people applying for Naturalisation prior to the Citizenship Test being introduced, so reducing those needing take the test shortly thereafter. But even if I am wrong in that 24613 x 3 = 73839 tests per year, as a minimum, totally possible.[/quote]
John

badhorse
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Post by badhorse » Tue Dec 05, 2006 9:01 pm

OK. I hope you are right and I am wrong.

By the way, I used the figure of 1000 as an example to illustrate the issue of capacity. It is an example. I did say "if".

Don't forget, now all the dependents need to take the exam too.

Anyways, I sincerely hope you are right because I will need to take the test myself soon I think.

John
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Post by John » Tue Dec 05, 2006 10:58 pm

Don't forget, now all the dependents need to take the exam too.
Not true, only those applying for Naturalisation need to take the Citizenship Test.

But for any minor children the application is not for Naturalisation, but instead for Registration as a British Children. Accordingly minor children do not need to take the test, however close they are to their 18th birthday.

And there is no question of minor children needing to take the test in order to get ILR.
John

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Post by ppron747 » Tue Dec 05, 2006 11:06 pm

It's true that dependent minor children won't need it, but won't (eg) dependent spouses of WP holders need to take the Life in UK test when applying for ILR?
|| paul R.I.P, January, 2007
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John
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Post by John » Tue Dec 05, 2006 11:40 pm

Yes they will Paul, as made clear in the FAQ Word Doc. Any adult from 18 to 65 will need to take the Test.
John

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