Esol Language Test

[Mark Smith]

Hi

Sorry if this has already been covered but I wanted to check on the language requirements for an ILR application from a spouse visa.

My wife was granted a spouse visa in 2011 which expires in Dec 2013. She has passed her life in the UK test.

We are starting to prepare for ILR and have just read about the changes to Language requirements. Feel stupid for not checking the website earlier!

My wife attended a BA degree course in the UK which was taught in English but she did not pass and only received a diploma for the course, which she has the certificate for from the University of Bradford.

We are worried now we only have a month for her to pass the ESOl B1 course. She is an excellent English speaker, writer and listening and works in education and we are pretty confident she would pass the examination.

Can we just book the test or does she have to complete a course?

What are our options please?

[Amber]

What Country is your spouse native?

When did she enter the UK on the spouse leave?

[Mark Smith]

She is from China and was granted her spouse visa 28/09/2011 and entered 20/10/2011.

[Amber]

Then she can apply from 28 days before 20/10/2013, thus now. If she meets the requirements then you should have posted the form this last week. However, the old form will be accepted for 21 days following 28-oct-2013. So consider this and print out the SET(M) form today before it changes.

[Mark Smith]

On the Home Office website, it says you should not apply before 28 days previous to your visa ending?

Not saying your wrong but thats just what I understood?

[Amber]

Your can apply from 28 days before the 2 year probationary period ends, thus 28 days before 2 years since you entered the UK with such leave as above, nothing to do with the expiry of the leave.

[Mark Smith]

It says on her visa that it expires 28th Dec 2013

[Amber]

It doesn't matter when it expires.

[Mark Smith]

Ah right, sorry I misunderstood

[Casa]

D4109125 is correct.

[Amber]

No problem.

[Mark Smith]

Thank you, really appreciate your help. What a stressful Sunday! but there is some light now, we will get straight on it.

[Mark Smith]

Can I just check something, I previously read this on the UKBA website.

"For an application for citizenship to be considered under the pre 28 October requirements, the application will need to be received by UK Visas & Immigration by Friday 25 October 2013 (the last working day before the change). We do not receive a postal delivery on Saturday or Sunday"

Is this just for citizenship and not settlement?

[Mark Smith]

Oh dear...

Just read on the ukba website that applications on the old form will still be accepted upto 18th Nov, but if received on or after the 28th Oct they must provide the life in the UK test and an Esol language certificate.

So back to square one. She will need to try and pass the test asap or failing that apply for an extension to her spouse visa.

Can't believe I misunderstood the 28 days thing. I thought it was when the visa expired. How stupid

[Amber]

Then today was the last day to send the application as to avoid B1. Technically a form could be received after 28-oct-2013 and still not be subject to the new rules as the date of post is the date of application for immigration applications so what they have wrote is not accurate.

If she cannot make the B1 requirement before her leave expires, then consider applying for flr(m) before leave expires, by post, and varying to SET(M) once she passes the test.

[Sham96]

I must say the last update about this on the UKBA website is very confusing. Fingers crossed, my wife should be ok with the application we sent yesterday.

Mark Smith, don't panic, you still have time for your wife to pass the B1 English test. Given what you say about her qualification and spoken english, she should pass the test easily. She doesn't have to do the full course, she can just sit the exam. Here is an example of a training centre that does the course/exam.

http://www.besttrainingcentre.org/b1englishexam/

[Mark Smith]

Thank you for the link