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The knowledge of language and life requirement

Posted: Tue Apr 23, 2013 4:10 pm
by Adojay
Hi Guys,

I understand anyone applying for ILR and Naturalization after 28th October 2013 would need to meet a new knowledge of language and life requirement. I qualify for naturalization on 26th October 2013. Does it mean I have to meet this requirement as well?


Kind regards

Posted: Tue Apr 23, 2013 10:09 pm
by pennylessinindia
If you apply before the new requirement then no if after yes.

Posted: Wed Apr 24, 2013 4:24 pm
by Adojay
pennylessinindia wrote:If you apply before the new requirement then no if after yes.
Thanks Pennyless.

The problem I have is that I qualify to apply for naturalization Saturday 26th October 2013. If I apply by post (special delivery) on 26th October 2013, it would at best get to UKBA by Monday 28th October 2013.

If UKBA receive my application on 28th October 2013, does that disqualify me from naturalization?

As I qualify on 26th October 2013 which incidentally is on a weekend, can I use NCS on 25th October? Would that also disqualify me, based on the fact that my ILR was issued on 26th October 2012?

Thanks for your time.

Posted: Thu Apr 25, 2013 3:48 pm
by bob-russell
Generally it is the date of the postmark that is taken as the application date.

http://www.ukba.homeoffice.gov.uk/visas ... -to-apply/

Click on the section 'What is the date of your application'.

Worth sending it 'special post' and keep the receipt as proof of posting date.

(This is the only information I can find on the UKBA website (for students) but I am pretty sure it applies to any postal application.)

Posted: Thu Apr 25, 2013 4:49 pm
by CR001
bob-russell wrote:Generally it is the date of the postmark that is taken as the application date.

http://www.ukba.homeoffice.gov.uk/visas ... -to-apply/

Click on the section 'What is the date of your application'.

Worth sending it 'special post' and keep the receipt as proof of posting date.

(This is the only information I can find on the UKBA website (for students) but I am pretty sure it applies to any postal application.)
This is incorrect. For naturalisation the application date is the date the UKBA receives the application.

Extract below from relevant section of the website

http://www.ukba.homeoffice.gov.uk/briti ... uirements/
When does the residential qualifying period start?

The residential qualifying period is calculated from the day when we receive your application. Most unsuccessful applications fail because the applicant was not present in the UK at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we receive your application on 25 March 2010, you must show that you were in the UK on 26 March 2005.

Posted: Thu Apr 25, 2013 5:36 pm
by Amber
bob-russell wrote:Generally it is the date of the postmark that is taken as the application date.

http://www.ukba.homeoffice.gov.uk/visas ... -to-apply/

Click on the section 'What is the date of your application'.

Worth sending it 'special post' and keep the receipt as proof of posting date.

(This is the only information I can find on the UKBA website (for students) but I am pretty sure it applies to any postal application.)
That is true for most visa applications. However, for naturalisation, the application date is the day in which the HO receive the application.

Posted: Fri Apr 26, 2013 12:14 pm
by Adojay
D4109125 wrote:
bob-russell wrote:Generally it is the date of the postmark that is taken as the application date.

http://www.ukba.homeoffice.gov.uk/visas ... -to-apply/

Click on the section 'What is the date of your application'.

Worth sending it 'special post' and keep the receipt as proof of posting date.

(This is the only information I can find on the UKBA website (for students) but I am pretty sure it applies to any postal application.)
That is true for most visa applications. However, for naturalisation, the application date is the day in which the HO receive the application.
Thanks Amber & All.

Based on the fact that it is the date my application reaches HO that counts as my qualifying date. What if I send my application by next day special delivery on the 25th October, to get to HO on Saturday 26th October, which of course is my qualifying date. Would there be staff at HO to receive application or would it be re-delivered Monday 28th October.

Sorry if I sound a bit desperate. I am only trying to beat the new B1 English rule. Ordinarily, I would have used NCS, but as my qualifying date is on the borderline with the date of the start of the new rule, I have little choice but to explore ways I can get my application in before 28th October.

Thank you

Posted: Fri Apr 26, 2013 12:25 pm
by Amber
Adojay wrote:
D4109125 wrote:
bob-russell wrote:Generally it is the date of the postmark that is taken as the application date.

http://www.ukba.homeoffice.gov.uk/visas ... -to-apply/

Click on the section 'What is the date of your application'.

Worth sending it 'special post' and keep the receipt as proof of posting date.

(This is the only information I can find on the UKBA website (for students) but I am pretty sure it applies to any postal application.)
That is true for most visa applications. However, for naturalisation, the application date is the day in which the HO receive the application.
Thanks Amber & All.

Based on the fact that it is the date my application reaches HO that counts as my qualifying date. What if I send my application by next day special delivery on the 25th October, to get to HO on Saturday 26th October, which of course is my qualifying date. Would there be staff at HO to receive application or would it be re-delivered Monday 28th October.

Sorry if I sound a bit desperate. I am only trying to beat the new B1 English rule. Ordinarily, I would have used NCS, but as my qualifying date is on the borderline with the date of the start of the new rule, I have little choice but to explore ways I can get my application in before 28th October.

Thank you
The UKBA allow a grace period of 21 days from the release of a new application form, during this time you can use the old application. I am not sure of this applies to the Naturalisation form.

Posted: Fri Apr 26, 2013 2:27 pm
by Jambo
The "21 days old application" doesn't apply to naturalisation. In fact, unlike immigration applications there is no legal requirement to submit any form with the application. However, I believe the OP issue is not the form itself but whether he would need to meet the new language requirement or not.

As far as I know, Royal Mail do deliver post to UKBA on Saturday. You might need to pay extra for a Saturday morning Special Delivery.

Posted: Fri Apr 26, 2013 3:20 pm
by Adojay
Jambo wrote:The "21 days old application" doesn't apply to naturalisation. In fact, unlike immigration applications there is no legal requirement to submit any form with the application. However, I believe the OP issue is not the form itself but whether he would need to meet the new language requirement or not.

As far as I know, Royal Mail do deliver post to UKBA on Saturday. You might need to pay extra for a Saturday morning Special Delivery.
Jambo,

Thanks. You are absolutely spot-on. All I needed was confirmation whether or not my application would be received Saturday 26th October by UKBA. And the answer is yes.

Thank you once again.

Posted: Fri Apr 26, 2013 4:02 pm
by Jambo
You should also be aware that even if you send it early (before 12 months passed), the caseworker can apply discretion and waive the requirement if 12 months have passed by the time he reviews the application.

Posted: Thu Sep 19, 2013 10:38 am
by Amber
Adojay wrote:Hi All,

I qualify for naturalization on Saturday, the 26th of October 2013, as I received ILR exactly same time last year. However, with the new requirement for English language taking effect on the 28th of October this year, I am keen on submitting my application before the new change takes effect.

My plan is to submit documentations through post office on Friday, the 25th October, (with next day Saturday Guarantee post) so my application gets to their Home office on Saturday 26th October 2013. All this is just to beat the Monday 28th October deadline for the new language requirement.

My issue is that I don't know if Home Office open and are able to receive parcel deliveries on Saturday. I am worried that parcel might get there Saturday, as paid for, but if no one is there to receive, it would then be returned to their office and re-delivered Monday, 28th October. This would potentially mean my application would be rejected for not meeting the new language requirement.

Does anyone have experience or have any knowledge if Home Office open for work on Saturdays?

I will appreciate your input.

Thank you
neoseal wrote:I don't think they will deliver on saturday.
My experience, I submitted thru NCS on 11th July, Thursday, NCS said that they will not send it on Friday as there will be no one to receive on saturday, and they sent my appl on Monday.

Don't know what will happen as even if yours is received on 28th OCT you may fall in new criteria. The will have published some kind of guidelines in this kind of situation.

Someone may know soon....or you call them and ask.
p2kin wrote:anything reached to them on Saturday should get following Monday's date as date of application, resulting in considered as ON 28th Oct. Be very careful..!
Adojay wrote:Thanks All for your response. Looks like we might have to write this English language exam or whatever it is we have to do.

The next inquiry I have is this. My family and I (wife and son included) arrived the UK with HSMP Visa (now Tier-1 General). As part of the initial application I was required to prove my degree was taught in English Language. This was confirmed at the time with a letter from my university, and was accepted by Home Office. Now that a new English language requirement has been introduced, would my wife or/and I be required to fulfill this requirement after I was made to provide evidence of university degree being taught in English language.

Thank you

Posted: Thu Sep 19, 2013 11:39 am
by Adojay
Since my previous posts on this matter has been unearthed, am still pretty unclear whether or not I can send application to UKBA to receive Saturday morning. The issue is not very much about possibility of sending the application to reach UKBA by Saturday 26th October. It's whether or not there will be staff on ground to receive and acknowledge it. Otherwise the application will be re-delivered Monday, 28th October.

Jambo (Guru) thinks it is possible for my application to be received on Saturday if I can pay extra. However, I would be interested in reading from other members or gurus who think this is absolutely possible. (No disrespect to Jambo :D ).

I read somewhere that applicants with degrees taught in English language are exempt from this rule. This makes me eligible to apply without the B1 English test. However, my other half holds Higher National Diploma (HND) from abroad. As we both plan to make a joint application to take advantage of the slight reduction in the fee, I am keen to know if she qualifies for an exemption. My inner self tells me she might not, but nothing wrong in confirming that.

Any thoughts or ideas on these issues will be appreciated.

Posted: Thu Sep 19, 2013 1:58 pm
by sikiliza69
Based on the fact that it is the date my application reaches HO that counts as my qualifying date. What if I send my application by next day special delivery on the 25th October, to get to HO on Saturday 26th October, which of course is my qualifying date. Would there be staff at HO to receive application or would it be re-delivered Monday 28th October.

I sent my application by special delivery on the 16th of August (Friday) and when i tracked it online, the message from the Royal Mail website stated that they had specific instructions by the HO to hold any items, to be re-delivered on the monday 17th of August.

I would confirm with either HO or RM before making your decison.

Posted: Thu Sep 19, 2013 4:12 pm
by innocentdevil
Adojay wrote:Since my previous posts on this matter has been unearthed, am still pretty unclear whether or not I can send application to UKBA to receive Saturday morning. The issue is not very much about possibility of sending the application to reach UKBA by Saturday 26th October. It's whether or not there will be staff on ground to receive and acknowledge it. Otherwise the application will be re-delivered Monday, 28th October.

Jambo (Guru) thinks it is possible for my application to be received on Saturday if I can pay extra. However, I would be interested in reading from other members or gurus who think this is absolutely possible. (No disrespect to Jambo :D ).

I read somewhere that applicants with degrees taught in English language are exempt from this rule. This makes me eligible to apply without the B1 English test. However, my other half holds Higher National Diploma (HND) from abroad. As we both plan to make a joint application to take advantage of the slight reduction in the fee, I am keen to know if she qualifies for an exemption. My inner self tells me she might not, but nothing wrong in confirming that.

Any thoughts or ideas on these issues will be appreciated.


"Degrees taught in English
Those who have obtained a degree taught in English will not be required to show a formal speaking and listening qualification.
Those with an academic qualification (not a professional or vocational qualification) who provide appropriate evidence that the qualification was taught or researched in English are considered automatically to meet the English language component of the KoLL requirement and will not be required to show a formal speaking and listening qualification. The qualification must be deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK. However, they will still be required to pass the Life in the UK test to demonstrate their knowledge of life in the UK." extract from KoL document.

If you have a degree taught in the uk then you don't have to worry about B1 test but LIUK test still needs to be done

Posted: Thu Sep 19, 2013 8:03 pm
by Adojay
Thanks Innocentdevil. Do you know if Home Office can receive applications that arrive on Saturday? Even though I qualify for exemption from B1 test, my spouse probably does not, as she only has HND abroad, as explained in my last post. I was thinking of making a joint application to save some money. This is only dependent on HO working or able to receive applications on Saturday. For those reading for the first time, I intend to get our applications in on Saturday 26th October so my spouse doesn't have to be affected by the new B1 test.

Thanks

Posted: Fri Sep 20, 2013 5:49 am
by sikiliza69
[quote="Adojay"]Thanks Innocentdevil. Do you know if Home Office can receive applications that arrive on Saturday?

neoseal using ncs=nope

sikiliza69(me) using postal=nope

.....am sure there are many more if you search the timeline threads.

I understand your predicament,It's a big gamble plainly put, ....and if i were in your position, i wouldn't risk it (just my two cents opinion) ...losing joint application fee is far worse than using NARIC.

But lest you forget, the official guidelines isn't out yet

Posted: Fri Sep 20, 2013 10:28 am
by innocentdevil
hello Adojay,
I am not sure if they are open on Saturdays. Well, they close at 4 weekdays so there's no hope for them to be there on Saturdays.

I would say do not rush for application. take your time, if that means your spouse has to take a B1 test then get her sat on it. Its peace of cake anyway.

Good luck.


p.s: on another note, I rang HO yesterday to confirm about Degrees taught in the UK and they confirmed that on English test is required for those who have got a degree from a UK university.

Posted: Fri Sep 20, 2013 10:42 am
by p2kin
If I' remember correctly, there was a post on forum which said, application reached to UKBA on one certain day & he/she was present 5 yrs back on the day when UKBA received application.. but since UKBA considers application day as +1 & he/she wasn't present on that day his application got refused.

Couldn't quickly found link.. but sure I read it.

The point is, even if UKBA receives it on 26th Oct, chances are 28th to be considered as application date.

Besides, you don't need to worry as long as you have degree taught in english & you still have a letter from University. If not, get it certified by NARIC.

I also saw in guide line that if you are on leave that was granted based on english language, then you don't need to prove it once again..

I'll try to find that post.

Posted: Fri Sep 20, 2013 11:22 am
by Adojay
Thanks everyone for your posts. I am really pleased with your contributions. I have now decided to wait until the Mrs has successfully carried out the B1 test before applying for naturalization. We have waited this long to get to this point. Don't think it's worth ruining it now.

Is there anyone on the forum who has successfully tested for the B1? Could you point me in the right direction of how to obtain documentation to show how to go about it, including certified test centres across the country, pricing, and syllables (if you know what I mean). I couldn't find any in this forum. Admittedly, I might not have searched hard enough!

Thanks everyone.

As an aside, Innocentdevil, did you say you rang HO yesterday? How did you manage to pull that off? I have never been successful in getting anyone from HO on the phone. if possible, could you share their number if not personal?

Posted: Fri Sep 20, 2013 3:35 pm
by p2kin
innocentdevil wrote:
p.s: on another note, I rang HO yesterday to confirm about Degrees taught in the UK and they confirmed that on English test is required for those who have got a degree from a UK university.
So what if you have degree that was taught in English but was not in UK/English major nation?

Can you please ask them again? Doesn't make sense to me.

Posted: Fri Sep 20, 2013 6:23 pm
by Adojay
p2kin wrote:
innocentdevil wrote:
p.s: on another note, I rang HO yesterday to confirm about Degrees taught in the UK and they confirmed that on English test is required for those who have got a degree from a UK university.
So what if you have degree that was taught in English but was not in UK/English major nation?

Can you please ask them again? Doesn't make sense to me.
Read this;

Degrees taught in English

Those who have obtained a degree taught in English will not be required to show a formal speaking and listening qualification. Those with an academic qualification (not a professional or vocational qualification) who provide appropriate evidence that the qualification was taught or researched in English are considered automatically to meet the English language component of the KoLL requirement and will not be required to show a formal speaking and listening qualification. The qualification must be deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the UK. However, they will still be required to pass the Life in the UK test to demonstrate their knowledge of life in the UK.

http://www.ukba.homeoffice.gov.uk/sitec ... hip/kol-uk

Posted: Fri Sep 20, 2013 7:02 pm
by Amber
innocentdevil wrote:hello Adojay,
I am not sure if they are open on Saturdays. Well, they close at 4 weekdays so there's no hope for them to be there on Saturdays.

I would say do not rush for application. take your time, if that means your spouse has to take a B1 test then get her sat on it. Its peace of cake anyway.

Good luck.


p.s: on another note, I rang HO yesterday to confirm about Degrees taught in the UK and they confirmed that on English test is required for those who have got a degree from a UK university.
They're talking rubbish, you do not need to sit a B1 test if you have a degree from the UK. You will still however, have to sit LIUK test or equivalent which, I believe is what they were referring to.

Posted: Fri Sep 20, 2013 7:02 pm
by Amber
innocentdevil wrote:hello Adojay,
I am not sure if they are open on Saturdays. Well, they close at 4 weekdays so there's no hope for them to be there on Saturdays.

I would say do not rush for application. take your time, if that means your spouse has to take a B1 test then get her sat on it. Its peace of cake anyway.

Good luck.


p.s: on another note, I rang HO yesterday to confirm about Degrees taught in the UK and they confirmed that on English test is required for those who have got a degree from a UK university.
They're talking rubbish, you do not need to sit a B1 test if you have a degree from the UK. You will still however, have to sit LIUK test or equivalent which, I believe is what they were referring to.

Posted: Fri Sep 20, 2013 7:18 pm
by Jambo
D4109125 wrote:
innocentdevil wrote:hello Adojay,
I am not sure if they are open on Saturdays. Well, they close at 4 weekdays so there's no hope for them to be there on Saturdays.

I would say do not rush for application. take your time, if that means your spouse has to take a B1 test then get her sat on it. Its peace of cake anyway.

Good luck.


p.s: on another note, I rang HO yesterday to confirm about Degrees taught in the UK and they confirmed that on English test is required for those who have got a degree from a UK university.
They're talking rubbish, you do not need to sit a B1 test if you have a degree from the UK. You will still however, have to sit LIUK test or equivalent which, I believe is what they were referring to.
I think you misread the post. There is a typo there (ON instead of NO).