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A partner or parent applying for leave to enter or leave to remain is not required to provide evidence of meeting the English language requirement if they have done so as part of a successful previous application as a partner or parent. Paragraph 32D of Appendix FM-SE provides for when this earlier test certificate or result can and cannot be used.

This flexibility does not apply in circumstances where a test certificate or result awarded to the applicant has been withdrawn by a provider such that it can no longer be relied upon: in those circumstances the applicant must provide a fresh test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.

Under paragraph 32C of Appendix FM-SE if an applicant in the partner or parent routes submits a test certificate or result which has ceased, by the date of application, to be:

from an approved test provider
in respect of an approved test
from an approved test centre
We will not accept that certificate or result as valid, unless the decision maker does so in accordance with paragraph 32D of Appendix FM-SE and subject to any transitional arrangements made in respect of the test provider or test in question.

Under paragraph 32D of Appendix FM-SE if an applicant under the partner or parent routes 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:

from a provider which is no longer approved
from a provider who remains approved but the test the applicant has taken with that provider is no longer approved
from a test centre which is no longer approved
past its validity date (if a validity date is required) provided that it is at or above the required CEFR level and when the subsequent application is made:
the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of the 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 the Rules applied) as a partner or parent since the Home Office accepted the test certificate as valid
the award to the applicant does not fall within the circumstances set out in paragraph 32B of Appendix FM-SE
If there is uncertainty as to whether a test certificate, result or other specified document was previously accepted by the Home Office as part of a successful previous partner or parent application, the decision maker may request other specified evidence from the applicant to demonstrate that they meet the English language requirement. An applicant who has not met the English language requirement in a successful previous partner or parent application will be required to provide specified evidence that they meet the requirement, or are exempt from it, in their current application.

An English language certificate which has been relied on by an applicant to qualify for leave on another basis, such as under the Points Based System (PBS), cannot be relied upon by them in applying as a partner or parent unless it meets the requirements of the partner and parent Rules, including as to specified evidence, at the date of that partner or parent application.

vinny wrote: ↑

Fri Aug 21, 2020 5:20 pm

Provided she satisfies all requirements for FLR(M) as before, she may apply for another FLR(M) and remain on the 5-year path.

Applicants who already have a test certificate or result

A partner or parent applying for leave to enter or leave to remain is not required to provide evidence of meeting the English language requirement if they have done so as part of a successful previous application as a partner or parent. Paragraph 32D of Appendix FM-SE provides for when this earlier test certificate or result can and cannot be used.

This flexibility does not apply in circumstances where a test certificate or result awarded to the applicant has been withdrawn by a provider such that it can no longer be relied upon: in those circumstances the applicant must provide a fresh test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.

Under paragraph 32C of Appendix FM-SE if an applicant in the partner or parent routes submits a test certificate or result which has ceased, by the date of application, to be:

from an approved test provider
in respect of an approved test
from an approved test centre
We will not accept that certificate or result as valid, unless the decision maker does so in accordance with paragraph 32D of Appendix FM-SE and subject to any transitional arrangements made in respect of the test provider or test in question.

Under paragraph 32D of Appendix FM-SE if an applicant under the partner or parent routes 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:

from a provider which is no longer approved
from a provider who remains approved but the test the applicant has taken with that provider is no longer approved
from a test centre which is no longer approved
past its validity date (if a validity date is required) provided that it is at or above the required CEFR level and when the subsequent application is made:
the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of the 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 the Rules applied) as a partner or parent since the Home Office accepted the test certificate as valid
the award to the applicant does not fall within the circumstances set out in paragraph 32B of Appendix FM-SE
If there is uncertainty as to whether a test certificate, result or other specified document was previously accepted by the Home Office as part of a successful previous partner or parent application, the decision maker may request other specified evidence from the applicant to demonstrate that they meet the English language requirement. An applicant who has not met the English language requirement in a successful previous partner or parent application will be required to provide specified evidence that they meet the requirement, or are exempt from it, in their current application.

An English language certificate which has been relied on by an applicant to qualify for leave on another basis, such as under the Points Based System (PBS), cannot be relied upon by them in applying as a partner or parent unless it meets the requirements of the partner and parent Rules, including as to specified evidence, at the date of that partner or parent application.

AmazonianX wrote: ↑

Fri Aug 21, 2020 10:56 pm

Yes, your understanding is correct and so far all requirements for FLR(M) met it keeps your spouse away from going on 10 year route if you apply for ILR without B1. That appears the correct path, no other way. And once she gets B1, you can directly apply ILR. Hoping she gets the B1 once and for all.

vinny wrote: ↑

Sat Aug 22, 2020 12:25 am

I believe that caseworkers are incorrect, if they put ILR applicants on the 10 year path due to failing KoLL.

satishc wrote: ↑

Sat Aug 22, 2020 6:51 am

AmazonianX wrote: ↑

Fri Aug 21, 2020 10:56 pm

Yes, your understanding is correct and so far all requirements for FLR(M) met it keeps your spouse away from going on 10 year route if you apply for ILR without B1. That appears the correct path, no other way. And once she gets B1, you can directly apply ILR. Hoping she gets the B1 once and for all.

Thanks a lot Amazonian...Your reply provide me lot of confidence. I don't want her to move to 10 years route. Hope once we have extension, in next few months she can be through B1 and we can apply for ILR.

Once again thanks a lot.

AmazonianX wrote: ↑

Sat Aug 22, 2020 8:30 am

satishc wrote: ↑

Sat Aug 22, 2020 6:51 am

AmazonianX wrote: ↑

Fri Aug 21, 2020 10:56 pm

Yes, your understanding is correct and so far all requirements for FLR(M) met it keeps your spouse away from going on 10 year route if you apply for ILR without B1. That appears the correct path, no other way. And once she gets B1, you can directly apply ILR. Hoping she gets the B1 once and for all.

Thanks a lot Amazonian...Your reply provide me lot of confidence. I don't want her to move to 10 years route. Hope once we have extension, in next few months she can be through B1 and we can apply for ILR.

Once again thanks a lot.

You are welcome. Yes she can go for ILR once the outstanding B1 is sorted.

satishc wrote: ↑

Fri Aug 21, 2020 4:40 pm

Hi All
Very good evening
I am looking for your suggestion as I am struggling a bit with my wife ILR application.
My wife is on FLR (M) dependednt - 5 years route. I have British citizenship now. She is now eligible for ILR. Her current visa expiring soon.
She passed life in UK test but still not through with B1. She has A2 when we applied last time for FLRm extension.
Now my query is in case if she didn’t get through with B1 with given time frame, she can’t apply for ILR. So can I apply another FLRm extension for 2.5 years and will apply for ILR later once she has B1 certificate.
Will she get another FLRm extension or she will be put on 10 years route? Can she use A2 for FLR extension which was used last time? I have read few place mentioning it expired after two years.
It will be great if I can hear from some being on same situation and what sort of extension they got?
Thanks a lot