Leave To Remain - Various Queries

[Hammer2001]

My wife got her initial Leave to Enter settlement visa in Nov 2014. She passed a City & Guilds A1 certificate with distinction, which she used for this visa.

I have just seen that from October 2016 the further Leave to Remain visa requires English at A2 level.
So as she will be renewing in August 2017 this will apply.

Her English is good, and we have no worries about her obtaining the level, but I am wondering is it worth her taking the test at B1 level instead?, seeing as she will need this level for the Indefinite Leave to Remain visa further down the line.

Or would the test no longer be valid by then, as they only last for two years?

[Hammer2001]

Is there any minimum number of months there should be left on a passport until expiry when applying for a Further Leave to remain visa?

My wife's passport expires Jan 2108 and she will be renewing her visa in August 2017.

[CR001]

I have just seen that from October 2016 the further Leave to Remain visa requires English at A2 level.
So as she will be renewing in August 2017 this will apply.

Yes, it will apply to her. B1 is applicable for ILR as the rules stand at this moment, they can of course change this in the future.

Is there any minimum number of months there should be left on a passport until expiry when applying for a Further Leave to remain visa?

No, there is no such requirement. It must be valid at the time of application.

[Hammer2001]

Yes, it will apply to her. B1 is applicable for ILR as the rules stand at this moment, they can of course change this in the future.

Thanks CR001.
What I'm unclear about is if my wife takes the B1 test now in readiness for the Leave to Remain visa.
Would she need to take a second test for the ILR?, as the test only has a 2 year validity and would have expired.

[CR001]

What I'm unclear about is if my wife takes the B1 test now in readiness for the Leave to Remain visa.
Would she need to take a second test for the ILR?, as the test only has a 2 year validity and would have expired.

As I said, B1 is the requirement NOW for ILR. We cannot guess what the rules or requirements will be in 2019 when she applies for ILR. It could change, it might not change.

[Hammer2001]

As I said, B1 is the requirement NOW for ILR. We cannot guess what the rules or requirements will be in 2019 when she applies for ILR. It could change, it might not change.

Thanks CR001.

I am aware that B1 is the current requirement for ILR. Maybe I'm not making it clear.

As my wife will have to take a Trinity College test for A2 next year for her Further Leave to remain visa, and currently the ILR requirement is B1. I am thinking it would be better for her to take the B1 test, so as not to have to pay two £150 fees for exams, one for the A2 for her FLTR and one for the B1 when her ILR is due.

But my query is that if she passed her B1 next year, by the time she came to apply for ILR, the certificate will have expired as two years will have passed and it would no longer be able to be used for her ILR, as the certificates state they are only valid for two years?

Of course I appreciate the rule may change, as seems to be the constant way of things!, and the B1 requirement may change. But assuming it doesn't would the B1 certificate still be able to be used?

Out of interest why do these English exams have an expiry date? You don't forget how to speak the language in 2 years and the language doesn't change, so it just seems to be another nice little money earner!

[CR001]

It isn't HO making money out of the English tests.

Yes she can do B1 for her extension. Not sure if she could use it for ILR in the future, you will have to check the requirements at that time.

[vinny]

Noticed your user name had "2001".

What's your Immigration history?

[Hammer2001]

Thanks Vinny,

So as long as the ILR requirements don't change from B1, you're saying the same certificate could be used for both visas? It's the two year validity that is confusing me.

Noticed your user name had "2001".

What's your Immigration history?

Nothing significant about the 2001. I'm a British Citizen by birth, but many years earlier that 2001!

[Hammer2001]

For information, in this scenario the test result can be reused, even if it has expired.

As confirmed in the following link:

https://www.gov.uk/english-language/app ... ifications

Of course, as has already been pointed out by CR001 and Vinny, the ILR requirement could change from B1 to a higher level, but currently B1 is accepted.