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Spouse Visa Moved to 10 Year Route

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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Johnc81
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Spouse Visa Moved to 10 Year Route

Post by Johnc81 » Thu Jan 14, 2021 6:31 pm

Hello,

Thank you for reading this.

My wife is from Ghana and entered the UK in November 2016 on a spouse visa. We did our first visa extension in 2019, but did not realise we needed to pass an A2 English test. We received a letter stating that we were no longer on the 5 year route and had been moved onto the 10 year route.

We were obviously very disappointed, but didn't think there was much we could do. We have our second visa extension coming up in November 2021 and I was just checking the eligibility requirements since I have seen the NHS fees have increased considerably.

One of the first links was to a site for third party details removed by moderator they state a few things that seem to differ from the gov.uk site. Firstly, they claim the following :
There are a number of applicants will not need to take the English language test.

This includes:

- A national of an English-speaking country
- Someone who holds a degree or higher qualification from an institution recognised by UK NARIC which was taught /researched in English
This would seem to suggest that my wife should still be on the 5 year route and we could potentially appeal the decision.

My question is, has anyone been through this situation before and were you able to appeal? Also, has anyone used the Ixxx service before?

Many thanks for reading, I apologise for it being a long post.

John

Johnc81
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Re: Spouse Visa Moved to 10 Year Route

Post by Johnc81 » Thu Jan 14, 2021 6:53 pm

I wanted to try to attach a photo of the letter we received but I don't see anywhere to do that on here. If anyone knows how to do that, please let me know.

Many Thanks,

John

secret.simon
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Re: Spouse Visa Moved to 10 Year Route

Post by secret.simon » Thu Jan 14, 2021 7:19 pm

Johnc81 wrote:
Thu Jan 14, 2021 6:53 pm
I wanted to try to attach a photo of the letter we received but I don't see anywhere to do that on here. If anyone knows how to do that, please let me know.
Some phone apps, like Google Lens, allow you to take a photo of textual content and then copy-paste the text into other documents.

Keep in mind that for the NARIC exemption to apply, you will have to get the graduate certificate authenticated/validated by NARIC (which costs the same as a test and takes longer) and that it is not an automatic exemption. On the positive side, the NARIC certificate can also be used at the time of ILR.

Once you get the NARIC certificate, you can then submit it to UKV&I as a part of a new application for FLR(M), but keep in mind that that will be a new application for FLR(M) and her five years clock for ILR will start from zero from the date that it is granted again. Her previous time on FLR(M) will not count for the purposes of ILR.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Spouse Visa Moved to 10 Year Route

Post by Johnc81 » Thu Jan 14, 2021 7:40 pm

Hello,

Thank you for your reply. We already had the NARIC certification done and submitted as part of the application in 2019. Ghana is also an English speaking Country. So I do not understand why my wife was moved onto the 10 year track.

I am not interested in starting another 5 year period, I am wondering what the chances are of getting the 10 year track overturned and have us back on the original 5 year track?

Xx charge £150 for a 1 hour consultation, so want to find out if this is likely to be successful before I start going down the costly route of getting lawyers involved.

Many Thanks,

John

secret.simon
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Re: Spouse Visa Moved to 10 Year Route

Post by secret.simon » Thu Jan 14, 2021 7:45 pm

Johnc81 wrote:
Thu Jan 14, 2021 7:40 pm
We already had the NARIC certification done and submitted as part of the application in 2019.
Was the NARIC certification submitted as a part of the extension application?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Johnc81
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Re: Spouse Visa Moved to 10 Year Route

Post by Johnc81 » Thu Jan 14, 2021 7:47 pm

Hello,

Yes, the NARIC was submitted, along with copies of her degree certificate.

Many Thanks,

John

AmazonianX
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Re: Spouse Visa Moved to 10 Year Route

Post by AmazonianX » Thu Jan 14, 2021 10:32 pm

Johnc81 wrote:
Thu Jan 14, 2021 7:47 pm
Hello,

Yes, the NARIC was submitted, along with copies of her degree certificate.

Many Thanks,

John
Ghana being an English speaking country does not meet the criteria, there is a list of countries too. However, saddening that you had the NARIC done and was not considered.

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Re: Spouse Visa Moved to 10 Year Route

Post by TODMATT » Thu Jan 14, 2021 11:49 pm

Johnc81 wrote:
Thu Jan 14, 2021 7:40 pm
Hello,

Thank you for your reply. We already had the NARIC certification done and submitted as part of the application in 2019. Ghana is also an English speaking Country. So I do not understand why my wife was moved onto the 10 year track.

I am not interested in starting another 5 year period, I am wondering what the chances are of getting the 10 year track overturned and have us back on the original 5 year track?

You could have context the decision when you received it by making a complaint however, this is too late now in my view.

Xx charge £150 for a 1 hour consultation, so want to find out if this is likely to be successful before I start going down the costly route of getting lawyers involved.

Many Thanks,

John
According to the UKVI, Ghana is not a English speaking country.

"Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Ireland, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, the UK, the USA, Malta."
My opinions should not be constituted as an immigration or legal advice.

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Re: Spouse Visa Moved to 10 Year Route

Post by CR001 » Fri Jan 15, 2021 7:27 am

Did you have naric red route done, ie the English and comparable assessment or was it the blue route and just the English assessment?
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Johnc81
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Re: Spouse Visa Moved to 10 Year Route

Post by Johnc81 » Fri Jan 15, 2021 8:03 am

Hello,

I have just checked again and I don't think the NARIC will help now. We did a comparability check, not the English check. Plus, with Ghana not being on the list of English speaking Countries, I guess we are stuck on the 10 year route. Just means another 5+ years of hardly any sleep and anxiety because I worry about this and have a nausea every single day :(

It is just so frustrating because my wife's English is perfect, better than mine most of the time!

Thank you for all your replies.

John

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A2 English Test

Post by Johnc81 » Fri Jan 15, 2021 8:33 am

Hello,

My wife was put on the 10 year route because during our first extension, we did not realise we needed to complete an A2 English test.

We have our second extension coming up in November 2021. Since we are now on the 10 year route, does she need to do the A2 English test or does it not matter anymore?

Also, when I am looking for A2 online, I am seeing so many different acronyms, that I have no idea what I am supposed to book. There is ESOL, CEFR, IELTS etc. I see A2 after them, so can I just do any one of them or is there a specific one that UKVI is looking for?

Many Thanks,

John

vinny
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Re: Spouse Visa Moved to 10 Year Route

Post by vinny » Fri Jan 15, 2021 9:07 am

I believe they should have given her the opportunity to correct the English Language defect in her application.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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AmazonianX
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Re: A2 English Test

Post by AmazonianX » Fri Jan 15, 2021 12:45 pm

Johnc81 wrote:
Fri Jan 15, 2021 8:33 am
Hello,

My wife was put on the 10 year route because during our first extension, we did not realise we needed to complete an A2 English test.

We have our second extension coming up in November 2021. Since we are now on the 10 year route, does she need to do the A2 English test or does it not matter anymore?

Also, when I am looking for A2 online, I am seeing so many different acronyms, that I have no idea what I am supposed to book. There is ESOL, CEFR, IELTS etc. I see A2 after them, so can I just do any one of them or is there a specific one that UKVI is looking for?

Many Thanks,

John
If you want to remain on 10yr route no need to do any English test.
If you are switching back to 5yr route do English language test at level B1, this will help you through till BC so far the rules remains same.

Johnc81
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English requirement for spouse visa renewal

Post by Johnc81 » Sun Mar 14, 2021 1:38 pm

Hello,

When we entered the UK in 2016 my wife had completed her A1 English test and we were on 5 year route. When her visa came for renewal in 2019 we didn't realise she needed an A2, so she was moved to 10 year route. We have our next visa renewal later this year, and it looks like if you have the NARIC compatibility done, that negates the requirement to complete the A2 exam. Is this correct? Secondly, looking further ahead, it seems she would need to do a B1 test for ILR / citizenship? Again, does the NARIC negate the need to do this test?

My wife is from Ghana and speaks better English than me, so I am still upset we have been put on the 10 year route.

Many Thanks,

John

vinny
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Re: Spouse Visa Moved to 10 Year Route

Post by vinny » Sun Mar 14, 2021 2:04 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

mavaas11
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Re: Spouse Visa Moved to 10 Year Route

Post by mavaas11 » Sun Mar 14, 2021 5:41 pm

You need to do B1 SELT (Secure English language test) GESE GRADE 5.
Trinity college London do it for £150. they are accepted by UKVI
Its a 10 minute speaking and listening test

Also if you google search "English test visa" go on the gov.uk site with title "Prove your English language abilities with a secure English language test (SELT)" and it has information what test centres and qualification's are accepted.

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