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Taking a Life in the UK Test, as a visitor

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alienated
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Taking a Life in the UK Test, as a visitor

Post by alienated » Mon Dec 10, 2007 10:15 am

Can you really go to the UK as a visitor and sit the Test? (**see quote below)

I wonder if someone would clarify this for me as it is not entirely clear from reading several posts on this site. For most this would likely be an impractical or a "complicated approach", as Docterror says below. For some, who live abroad but visit from time to time, who may ultimately make the move to the UK after four or more years of marriage living abroad, this may be a route to consider unless someone can correct me. That is if in this time the spouse has attained the required language and knowledge to pass the test, and that is a real possibility for those who are interested in doing so. We spend a month each year in the UK, have no immediate plans to make the move but may consider it in a few years - maybe prefer to raise a family in the UK etc..

** Docterror's second post in the following thread http://www.immigrationboards.com/viewto ... highlight=
4) The 4 years needed for the ILE should indeed be outside the UK. This makes me wonder. Why did you not apply for a visit visa to appear for the Life in UK test, give birth and then get back and apply for the ILE.... in 2010? Do you really want to complicate everything that much?

VictoriaS
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Post by VictoriaS » Mon Dec 10, 2007 2:14 pm

Yes. A colleague has received confirmation that someone in the UK as a visitor can sit the test.

It can sometimes be problematic persuading the test centre though.

Victoria
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SYH
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Post by SYH » Mon Dec 10, 2007 2:18 pm

VictoriaS wrote:Yes. A colleague has received confirmation that someone in the UK as a visitor can sit the test.

It can sometimes be problematic persuading the test centre though.

Victoria
Not sure why you would have to convince them. They seem to just want the money. All you do is show them a passport.

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Post by VictoriaS » Mon Dec 10, 2007 2:24 pm

I know some who were told when they phoned that they couldn't sit the test unless they had a valid visa so wouldn't give them an appointment.

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Post by alienated » Mon Dec 10, 2007 2:29 pm

VictoriaS wrote:Yes. A colleague has received confirmation that someone in the UK as a visitor can sit the test.
Thank you. May I ask from where or by whom your colleague received this confirmation. I realise nothing here is in stone and there may be no such government factsheet to quote (or is there??). I'd just like to know on "what sort of" authority I should take this.

Thanks again for quick replies. It seems at the very least a positive that could be pursued in the future, given the right circumstances and no further changes/exclusions in the law.

How likely is that!

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Post by VictoriaS » Mon Dec 10, 2007 2:43 pm

Actually, this was obtained from someone at the BIA after a lot of correspondence.

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Post by SYH » Mon Dec 10, 2007 3:26 pm

VictoriaS wrote:I know some who were told when they phoned that they couldn't sit the test unless they had a valid visa so wouldn't give them an appointment.

Victoria
All I can tell you is that when I called to set up an appt, they didn't ask for anything and when I got there, they just checked that it was me. That's it.

The test center was in the area of se21. I put that in the search engine and the test centers I called from that results did not ask a thing.

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Post by alienated » Mon Dec 10, 2007 3:36 pm

Hmm, this sort of thing would be really useful to know for sure - as in the BIA should have a clear yes/no. I suppose law doesn't always follow principle but in this case, given the example I made above, someone should be able to [sit the test as a legal visitor]. After four years of marriage outside the UK, and enough interest to have learned the language and probably more about some aspects of our law & history than many of those born in the UK (I didn't know some of the answers!), I think that shows commitment (true marriage esp. if you've been visiting the UK together) and determination (to learn the language & some of the culture).

Despite the inconvenience, I understand that the test needs to be taken in the UK. After all, each country cannot have qualified test centres, and no consulate is going to start running exams! That said, if a prospective resident comes into the UK legally, with their spouse, they should be allowed to sit the test, albeit as a visitor.

Am I far off?

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Post by SYH » Mon Dec 10, 2007 3:48 pm

dougalzene wrote:Hmm, this sort of thing would be really useful to know for sure
Despite the inconvenience, I understand that the test needs to be taken in the UK. if a prospective resident comes into the UK legally, with their spouse, they should be allowed to sit the test, albeit as a visitor.
If you are gonig to the UK, I don't see how the test centre can prevent you from taking the test.

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Post by alienated » Mon Dec 10, 2007 5:36 pm

I look at the Statement of Changes in the Immigration Rules HC398, which added the following to the requirement of being married for at least four years and living outside the UK:

"(b)(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application;"

To consider a different approach: to specifically refuse someone the opportunity to show this knowledge, ie take the test, would suggest the authorities were using the introduction of the Life in the UK test to exclude the possibility of Indefinite Leave to Enter, by making it impossible to take the test, even though one might be perfectly able to pass the test. It's already hard to take the test but to rule out a previously acceptable route to entry by consequence of the introduction of an "un-sittable" test is plain wrong. What point is this wording then?

I'm in favour of a test that shows language skills and knowledge of English Law. Culture/history/some politics is too far in my opinion - much of that is a matter of interest. "What are the powers of the devolved administrations?" huh?

Returning to my original question and the responses here, I suppose it's just a matter of when the time comes - give it a go.

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