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Dear Guides,

I am applying for SET(M) in April 2020. Brief details of my entry clearance visa and FLR (M) are as follows: -

Entry clearance visa: 28/01/2015 to 28/10/2017 (First entry: 26/04/2015)
FLR(M) visa: 17/10/2017 to 28/04/2020

I sat for a recognised English Test, IELTS General Training, at an approved test centre from an approved provider outside of the UK on 18 October 2014 (more than 2 years ago) and used this result to successfully apply for the entry clearance visa and subsequent FLRM visa with no break of stay. The test I took is not on the current list of recognised tests https://assets.publishing.service.gov.u ... _tests.pdf
effective from 6 April 2015 (Table 2 indicates IELTS Life Skills and IELTS for UKVI) although the test centre and test provider is still approved and listed on Table 2 of https://assets.publishing.service.gov.u ... r_2019.pdf as at 5 December 2019. The test I sat for, IELTS General Training, appears under the transitional approved tests in https://assets.publishing.service.gov.u ... tional.pdf .

I do not fall under any of the exemption criteria, am not a citizen from a majority English speaking country and hold a professional qualification taught and taken in English (not regarded as an academic qualification).

The relevant paragraphs of Appendix FM-SE states:
“32C. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result which has ceased by the date of application to be:
(a) from an approved test provider, or
(b) in respect of an approved test, or
(c) from an approved test centre, the decision-maker will not accept that certificate or result as valid, unless the decision-maker does so in accordance with paragraph 32D of this Appendix and subject to any transitional arrangements made in respect of the test provider, test or test centre in question.
32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker will accept that certificate or result as valid if it is:
(a) from a provider which is no longer approved, or
(b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
(c) from a test centre which is no longer approved, or
(d) past its validity date (if a validity date is required), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
(i) the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of these Rules applies, as well as any previous period of overstaying where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix. “

Q1
The minimum English Language qualification is B1 for a settlement visa. Is the test level of B1 determined by the test result/band score achieved on the test report form? For example does a test result of Listening 8.0, Reading 7.5, Writing 7.5 and Speaking 8.0 (under IELTS General Training) mean a CEFR level of C1 (higher than the required B1 level for settlement)? Please see extract from page 12 of Transitional List of approved test and providers https://webarchive.nationalarchives.gov ... uage-tests



Q2.
Do I need to re-take a English Language test? Although Appendix FM_SE seems to suggest that the test I took is acceptable, I have doubts on the acceptability of my test results because of the following extracted from https://www.gov.uk/english-language/print :-

“Applying to settle in the UK
You can use a B1 level qualification that’s run out if both of the following are true:
• it’s on the current list of recognised tests
• it was accepted for another UK immigration application, for example when you got permission to enter”

Thanking you in advance for your guidance on the above and a separate matter posted on this forum.

For B1 ILR, only rely on Appendix KoLL and its Guidance.

Dear Guides,

Thank you Vinny for the feedback.

I have gone through Appendix KoLL and its Guidance and note that I can rely on the test I took in 2014 for my upcoming SET application in April 2020 because I have a current FLR(M) visa which was approved on the basis of me achieving a higher than B1 score in the listening and speaking modules of the test (Note: Requirement for FLR(M) is a minimum of A2, Settlement B1), there is no broken period of stay since my entry into the UK and the test provider is on the current list of test providers.I will continue to monitor the list of approved test providers.

With so much vested on the "B1" qualification, I looked for online resources to convert my recorded listening and speaking band scores from the IELTS General Training test to the CEFR levels. The guidance on the IELTS website is very generic. They use scores from the overall band score (reading, writing, listening and speaking) to map against the CEFR levels and for more detailed guidance, IELTS advises us to use a DVD guide meant for organisations setting language requirements. I may write to them just to be sure although other resources suggest that I have the requisite minimum B1 score.

Thank you.

Your old IELTS can be used as the test centre is still on the approved list. IELST exam is still accepted