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New English language testing for partners

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Marriage | Unmarried Partners | Fiancé | Ancestry

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fardeens
Junior Member
Posts: 86
Joined: Fri Nov 11, 2005 2:32 pm

New English language testing for partners

Post by fardeens » Fri Apr 01, 2011 11:04 am

I was trying to book a test for my wife, who is currently on tier1, for the above requirements. I was told by the test centre person that since my wife has got a masters and PhD from a UK university she doesn’t need to take the test.

We are not able to find her first degree certificate which was from India and the time is too short for us to arrange to get it.

Can anyone shed some light on if this is true?

An early response will be highly appreciated as we are planning to apply on the 4th before the visa fees go up.

Kind regards

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Fri Apr 01, 2011 11:21 am


fardeens
Junior Member
Posts: 86
Joined: Fri Nov 11, 2005 2:32 pm

Post by fardeens » Fri Apr 01, 2011 11:39 am

Kitty wrote:Master and PhDs are not accepted:

http://www.ukba.homeoffice.gov.uk/sitec ... icants.pdf
Thanks Kitty. I said the same to him and he said "UK NARIC" are not able to assess foreign masters or higher but a UK higher degree is fine.

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Fri Apr 01, 2011 12:36 pm

It's funny, the SET 17 Entry Clearance Guidance actually says:
SET17.3 How does the applicant satisfy the requirement?

By passing a test with an approved provider; or
by having a degree taught in English including masters degree and PhDs
Any masters degree or PhD obtained in the UK Any masters degree or PhD obtained in one of our list of majority English speaking countries
It is assumed that the above qualifications have been taught in English in line the points-based system Any masters degree or PhD not obtained in the UK or a majority English speaking country which UK NARIC can verify was taught in English or can be verified by other evidence by being a citizen or national of a majority English language speaking country (which is specified in the relevant Immigration Rule)
The relevant Immigration Directorate Instructions say that MAs and PhDs are not accepted, BUT that applicants should check their qualifications against the PBS calculator as the requirements are the same.

The UKBA website note on the topic says "This is different from the points-based system, where Master's degrees and PHDs are currently accepted as evidence of English language skills."

:shock: All very confusing. The guidance in SET17 seems to make sense as far as qualifications gained in the UK go, but you wouldn't want to be rejected on that point if your wife could quite easily sit the test.

The Immigration Rules themselves use the same wording that is in the original guidance I posted (i.e. referring only to a BA in the context of qualifications gained in the UK).

fardeens
Junior Member
Posts: 86
Joined: Fri Nov 11, 2005 2:32 pm

Post by fardeens » Fri Apr 01, 2011 4:45 pm

Thanks for your reply. We will have to take our chance as we are sending postal application on Monday. The test centre also spoke to their in-house barrister and he confirmed that UK higher degree is fine.

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Fri Apr 01, 2011 5:24 pm

Good stuff: I hope the UKBA make their guidance (and the rules) clearer, but somehow I think my hope is wasted :lol:

fardeens
Junior Member
Posts: 86
Joined: Fri Nov 11, 2005 2:32 pm

Post by fardeens » Tue Apr 05, 2011 11:49 am

Hi

My wife applied for spouse visa using FLR(M) yesterday at Sheffield PEO. Both her UK master and PhD were acceptable for her English requirement and she received her spouse visa.

Regards

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Tue Apr 05, 2011 11:56 am

Nice one. Good to know, and congratulations :)

terriblescream
Senior Member
Posts: 557
Joined: Sat Mar 12, 2011 11:13 pm
Location: London
Pakistan

Post by terriblescream » Sat Apr 30, 2011 7:03 pm

fardeens wrote:Hi

My wife applied for spouse visa using FLR(M) yesterday at Sheffield PEO. Both her UK master and PhD were acceptable for her English requirement and she received her spouse visa.

Regards
Really, but UKBA states that only Bachelors degree is accepeted for Spouse visa, and your master and phd were accepted.

fardeens
Junior Member
Posts: 86
Joined: Fri Nov 11, 2005 2:32 pm

Post by fardeens » Sat Apr 30, 2011 9:31 pm

I confirmed with the immigration officer at the PEO and he also checked with his seniors and said Post graduate or PhD from a UK university can be used to meet the english language requirements. My wife did used those certificates and was granted spouse visa.

terriblescream
Senior Member
Posts: 557
Joined: Sat Mar 12, 2011 11:13 pm
Location: London
Pakistan

Post by terriblescream » Sat Apr 30, 2011 9:34 pm

fardeens wrote:I confirmed with the immigration officer at the PEO and he also checked with his seniors and said Post graduate or PhD from a UK university can be used to meet the english language requirements. My wife did used those certificates and was granted spouse visa.
Good that is was accepted because the latest news/guidance on UKBA suggests that we will not accept Masters!!

newyas congrats :)

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