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English Language Requirement for ILR - Expired test

Posted: Thu Jul 30, 2020 11:56 am
by mharoon79
Dear members,
My wife passed B1 test in 2016 for ILR but unfortunately ILR refused. She applied for FLR(M) and got approval. For FLR (M) , she submitted B1 as english test. Now wife will be applying for ILR in 2021. Does she need to do B1 again which has been expired in 2018. I found following information from Gov webiste

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


    Please advice
    Many thanks

    Re: English Language Requirement for ILR - Expired test

    Posted: Thu Jul 30, 2020 12:19 pm
    by CR001
    How does your wife qualify for ILR in 2021 if her FLR(M) spouse visa was granted in November 2017?? As she also was an overstayer between 5th October 2017 and 14th November 2017, she likely doesn't qualify for ILR based on long residence either if that is what you are planning to apply for.

    https://www.immigrationboards.com/indef ... l#p1770770

    Re: English Language Requirement for ILR - Expired test

    Posted: Thu Jul 30, 2020 12:21 pm
    by mharoon79
    she came uk in 2009 and qualifies for ILR under 10 years route.

    Re: English Language Requirement for ILR - Expired test

    Posted: Thu Jul 30, 2020 12:49 pm
    by mharoon79
    mharoon79 wrote:
    Thu Jul 30, 2020 12:21 pm
    she came uk in 2009 and qualifies for ILR under 10 years route.
    applied FLR (M) within 14 days

    Re: English Language Requirement for ILR - Expired test

    Posted: Thu Jul 30, 2020 1:30 pm
    by CR001
    You stated in your previous topic that you did not do an AR for her refused application, only for your ILR refusal. So her overstay would have been longer than 14 days. It is 14 days from HER visa refusal or AR process, not YOUR AR process.

    She had no valid leave to remain between 5th October and the date her FLR(M) was granted, which likely breaks her 10 year continuity of residence.