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Question about English Language requirement for FLR

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

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Blitheringking
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Question about English Language requirement for FLR

Post by Blitheringking » Wed May 03, 2017 11:05 am

Good Morning People.

I have a couple of quick questions which I hope someone in the know will be able to clarify for me about my wife's FLR application.

Regarding the English Language requirement. I understand that all applicants applying for a spouse visa after may 2017 will need to pass the new A2 SELTS test.

My question is:
My wife upon having her initial visa granted in 2014 has already passed an A2 test at that time.
She has a Cambridge English certificate for a Key English Test, Council of Europe level A2.
The date of issue of the certificate was Feb 2014.

Will she still need to resit the new test or will this one be sufficient?
Is there a expiry date on these test?

Apologies if this has been asked before but I have done a couple of searches with no luck. Also it doesn't help that the guidelines are convoluted and confusing. I could not find any information regarding this in the guide notes.

I would be very grateful if someone can shed some light and also provide the relevant evidence/link to information.

My second question is, how long before the visa expires should she reapply?
The guide notes suggest no less than 28 days before expiration of current visa, is this a realistic time?

Many thanks.

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CR001
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Re: Question about English Language requirement for FLR

Post by CR001 » Wed May 03, 2017 11:10 am

https://www.gov.uk/government/uploads/s ... intent.pdf
My second question is, how long before the visa expires should she reapply?
The guide notes suggest no less than 28 days before expiration of current visa, is this a realistic time?
You don't state the visa start and end dates nor do you state on what date your wife entered the UK on her spouse visa.

Ideally, she should apply as close to 2.5 years residence as possible to avoid having to make another extension to cover a few months for ILR. It also depends on how you plant to apply, i.e. postal or in person.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Blitheringking
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Posts: 39
Joined: Thu Sep 11, 2014 2:14 pm

Re: Question about English Language requirement for FLR

Post by Blitheringking » Wed May 03, 2017 1:34 pm

Hi,

Thanks for the response.
I have looked at that document regarding English language requirement.

The only part I see which implies that she will not need to retake the the A2 test is the below:

(6) Where an applicant for further leave to remain as a partner or parent evidenced that
they met the A1 English language requirement for leave to enter or remain by taking an
approved test at level A2 or above, they will not be required to take a further English
language test before applying for further leave to remain, provided the test they took is on
the current list in the Immigration Rules of Secure English Language Tests.

With the above possibly confirming that a retake of the A2 test will not be required, my second part to this question is does the test which she has already taken expire?

I heard that they only last 2 years. Is this the case?

With regards to when to apply, apologies I should have been more specific.

She was granted her visa in Dec 2014
Came to UK Jan 2015
Visa expires 30/09/17

could you please clarify the below statement?

" Ideally, she should apply as close to 2.5 years residence as possible to avoid having to make another extension to cover a few months for ILR. It also depends on how you plant to apply, i.e. postal or in person. "

I have not decided how we are going to apply yet.
Ideally of course I would rather save the £600 it would cost to apply in person.
But if need be, we will apply in person if required.

all help and aid in this difficult time will be much appreciated :)

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CR001
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Re: Question about English Language requirement for FLR

Post by CR001 » Wed May 03, 2017 1:52 pm

She should apply anytime between July and her visa expiry, depending the actual date she entered the UK and to be as close as possible to 2.5 years residence.

If you apply too early, she could end up with a month or couple of months shortfall when she gets to ILR stage which would then require an additional 2.5 year extension to cover this shortfall.

If she applies by post, this can take a few months and the visa issue date is the date it is approved. It is not renewed with a date immediately following her current visa expiry date.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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