ILR/Language requirement

[killinghall]

Hi there,

I will apply for ILR for my wife who will be completing 2 years residence in the spouse category.

Since we will be making our application in mid-april, she will have to complete the language requirement. Thankfully, she has been enrolled on an ESOL course since January and has completed the test and has been verbally advised by her tutor that she will get a pass.

However, it now turns out there is a delay at the exam board (Edexel) and she may not get her certificate in time to accompany the application. We have asked the college and they have written a letter saying she has attended a course with citizenship context, that they have processed her test and are awaiting her test result from the exam board. This is duly stamped by the college and signed by the tutor.

Question is, what happens if the certificate does not arrive in time? I have spoke to the Home Office enquiry line and have stated the above and they said that it will be down to the discretion of the case worker. We spoke to her tutor again who says that this delay is causing a lot of problems with other people studying ESOL too and she has written similar letters for them but she doesnt know whether they have been accepted or not.

On one hand, I do have a "Life in the UK" test booked for her a few days before the ILR application has to go out, just in case the certificate does not arrive in time. She will obviously need to study for this. However, on the other hand, I am tempted just to send this cover letter from the college tutor, along with some course material to indicate she has actually been on the course.

I guess the question is, what is the likelihood of the ILR being rejected on the basis of absence of the proper certificate ?

Another quick question, I cannot find anywhere on the SET(M) application that it has to include the marriage certificate. Does this need to be sent too? Bear in mind, I wont be sending my original passport, only a certified copy, as I travel abroad for business a lot.

[Siggi]

Hi Killinghall
My understanding of this matter is that if your wife is applying for ILR she is required to do the UK Life test eitherway and this then proves she has enough understanding of English.So the ESOL is meanless.
The UK Life Test is not hard and a person with limited English and English knowledge should be able to pass it.
My advice is to read the book and write the test asap.

[Dawie]

I guess the question is, what is the likelihood of the ILR being rejected on the basis of absence of the proper certificate ?

Without the correct certificate there is a 100% chance of your ILR being rejected.

[Marie B]

My understanding of this matter is that if your wife is applying for ILR she is required to do the UK Life test eitherway and this then proves she has enough understanding of English. So the ESOL is meanless.

The ESOL test isn't meaningless. You have to either pass the Life in the UK Test or complete an ESOL "Skills for Life" qualification in speaking and listening at entry level - these courses use citizenship materials as part of the course therefore you learn English and Citizenship at the same time thus fulfilling the requirements for ILR. See the new guidance for applying - SET(M):

http://www.ind.homeoffice.gov.uk/6353/1 ... il2007.pdf

Please also note there are new application forms for use after 2nd April:

http://www.ind.homeoffice.gov.uk/applyi ... tionforms/

It might be worth your wife attempting the Life in the UK Test just incase her certificate doesn't arrive in time - better safe than sorry!