FLR M Extension - English Language Requirements

[salak100]

Hi,

Apologies if this has been answered previously but i couldn't find an answer. Would appreciate if someone could shed some light on it.

My wife gave B1.1 when she applied for FLR m in May 2014. She needs to apply for an extension in Feb 2017. I was wondering if she needs to give an English test again. I know the test validity is 2 years but also read somewhere that if the test has been used in a previous immigration application, it will be valid. To further clarify, the test certificate of my wife has the following:

Trinity College London
Grade 5
Graded Examination in Spooken English
Entry Level Certiuficate in ESOL International (Speaking and Listening)(Entry 3)
B1.1 of teh CEFR

Any help in this regards will be greatly appreciated.

[wxyuanilr]

https://www.gov.uk/government/uploads/s ... uto,43,163 and Paragraph 32D at https://www.gov.uk/guidance/immigration ... d-evidence both indicate it's not required.

However, who knows when the policy will be changed?

I had the question in another thread at http://www.immigrationboards.com/immigr ... 17810.html

[salak100]

Thanks wxyuanilr for your answer.

I read the link you posted and my understanding is that a test has to satisfy these 3 conditions if it is to be used again (outside its validity)
(a) from an approved test provider, or
(b) in respect of an approved test, or
(c) from an approved test centre,

That is the conditions will apply as of now and not retrospectively so the test provider and test center should be on the existing approved HO list. My wife's test satisfies this condition as Trinity College London adn B1 are currently on the list.

I did not understand teh condition 'in respect of an approved test'. What does this mean?

[salak100]

Hi,

I read the following from
https://www.gov.uk/guidance/immigration ... d-evidence
and have a question:

32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker may accept that certificate or result as valid if it is:
(a) from a provider which is no longer approved, or
(b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
(c) from a test centre which is no longer approved, or
(d) past its validity date (if a validity date is required under Appendix O), provided that when the subsequent application is made:
(i) the applicant has had continuous leave (disregarding any period of overstaying of no more than 28 days) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix.

what does this mean '(i) the applicant has had continuous leave (disregarding any period of overstaying of no more than 28 days) as a partner or parent since the Home Office accepted the test certificate as valid;

Can anyone explain this?

[wxyuanilr]

my understanding is that a test has to satisfy these 3 conditions if it is to be used again (outside its validity)
(a) from an approved test provider, or
(b) in respect of an approved test, or
(c) from an approved test centre,

I think Paragraph 32D means none of these conditions needs to be satisfied?