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English Language Requirement

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Jonnystar
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English Language Requirement

Post by Jonnystar » Fri Feb 23, 2018 7:56 pm

Hi All

Just had a query regarding the English Language requirement.

My wife recently received a notice from NARIC that her Post Grad degree was not comparable to a UK Bachelors degree which was a little bit of a setback. Her degree was taught in English and the college has provided a letter stating that. I wanted to know what options does she have as she is on PBS tier 2 dependents visa. We were due to apply sometime in March April but now we may need to delay this.

I know one option is that she can give IELTS to get the Language requirement but I did also read that dependents of ILR residents do not have to prove this? Is the second statement accurate and would it make sense for me to first get ILR and then my wife and daughter apply ?

Thanks for your help in advance ..

seasky
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Re: English Language Requirement

Post by seasky » Fri Feb 23, 2018 9:40 pm

All I can say is the English test for ILR is a joke so simplest to just do it.

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CR001
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Re: English Language Requirement

Post by CR001 » Sat Feb 24, 2018 11:18 am

Jonnystar wrote:
Fri Feb 23, 2018 7:56 pm
I know one option is that she can give IELTS to get the Language requirement but I did also read that dependents of ILR residents do not have to prove this?
Where did you read that? For ILR she must meet the English B1 requirement, PBS Dependents are included in this requirement, regardless of your ILR status. You might be confusing the fact that PBS dependents DO NOT need to meet the English requirement for PBS Dependent visas (entry clearance and extension), which is separate to ILR applications.
Char (CR001 not Casa)
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Jonnystar
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Re: English Language Requirement

Post by Jonnystar » Sat Feb 24, 2018 3:05 pm

Hi CR001

This is where I read it - Exemptions

"an adult dependent relative between 18 and 64 of someone who is present and settled in the UK, is a refugee or has humanitarian protection"

Unless I am reading this incorrect.

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katanayi
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Re: English Language Requirement

Post by katanayi » Sat Feb 24, 2018 3:31 pm

PBS dependent has to prove the English language requirement.

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CR001
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Re: English Language Requirement

Post by CR001 » Sat Feb 24, 2018 3:41 pm

Jonnystar wrote:
Sat Feb 24, 2018 3:05 pm
Hi CR001

This is where I read it - Exemptions

"an adult dependent relative between 18 and 64 of someone who is present and settled in the UK, is a refugee or has humanitarian protection"

Unless I am reading this incorrect.
You are reading is incorrectly.

Your spouse does not hold a visa in ANY of the visa categories listed and neither is she an 'Adult Dependent Relative' of a refugee or someone who has humantarian protection. These are all completely different visa categories and rules to PBS Dependent. She needs to do the English test. Her application will be refused if she does not submit evidence of the test from an HO approved test provider, level B1 required.
Exemptions if you’re applying to settle
You don’t need to prove your knowledge of English if you’re applying as:
  • a victim of domestic violence as the partner or spouse of a British citizen or someone settled in the UK
    the partner or spouse of a person who has died who was either a British citizen or someone settled in the UK
    an adult dependent relative between 18 and 64 of someone who is present and settled in the UK, is a refugee or has humanitarian protection
    a refugee living in the UK
    someone living in the UK with discretionary leave
    someone living in the UK for with humanitarian protection
    someone who has permission to stay in the UK as a retired person of independent means
    a Commonwealth citizen on discharge from HM Forces, including Gurkhas
    a highly skilled migrant applying under the terms of the highly skilled migrant program (HSMP) judicial review and your dependants
    someone in exceptional circumstances, eg as an orphan, widow or over-age dependant
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Jonnystar
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Re: English Language Requirement

Post by Jonnystar » Sat Feb 24, 2018 6:52 pm

Thank you for your clarification CR001. Yes, giving an English test was one of the options that we were looking at.

Jonnystar
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Re: English Language Requirement

Post by Jonnystar » Wed Mar 21, 2018 10:04 pm

Hi

I do apologize for bringing this topic back to life but my wife (T-2 dep) got her bachelors degree validated from NARIC, and they send two documents. The first one validated the degree to a UK standard and stated the UK equivalent of it i.e Bachelors. The second one was for validation of English language and this was validated to be equivalent of a CEFR level C1. I do understand from other posts that the minimum English Language requirement is at least a B1.

However on the Gov website it says the following -

You can prove it by having either:

an English qualification at B1, B2, C1 or C2 level
a degree taught or researched in English

Link to site - https://www.gov.uk/english-language

I would like to know if her qualification is valid before applying for ILR or would she require to give an English language test equivalent to a B1.

mashaley
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Re: English Language Requirement

Post by mashaley » Thu Mar 22, 2018 4:54 am

https://www.ielts.org/ielts-for-organis ... -framework.
https://www.examenglish.com/CEFR/cefr.php
According to this a C1 level is higher than B1. So it should be no problem..

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