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English requirment for FLR(m)

Discussion in 'UK Visa and Immigration Help' started by DavidMac, Nov 4, 2016.

  1. DavidMac
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    DavidMac New Member

    Have read this on another forum :-


    Yes, it has just been announced that the Level A2 start date is now 1st May 2017.

    Yesterday (Thursday 3rd November), the Home Office published a revised start date in a "Statement of Intent" regarding the new Level A2 requirement for FLR(M) which supercedes the original October 2016 start date given in the January 2016 declaration by ex-PM David Cameron:

    "2. On 18 January 2016 the previous Prime Minister anounced the intention to introduce a new English language requirement, at Level A2 of the Common European Framework of Reference for Languages, for partners and parents applying to extend their existing leave under the family Immigration Rules. The announcement indicated that the requirement would not be introduced until before October 2016. This new requirement for partners and parents applying for further leave to remain under the family Immigration Rules will be introduced from 1 May 2017."
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  2. Maharg
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    Maharg Well-Known Member Trusted Member

    Useful information. Thanks.
  3. Dav3&Ai5a
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    Dav3&Ai5a Active Member

  4. Anne
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    Anne Well-Known Member Trusted Member

    I still find it confusing reading the Statement of Intent. But when I've gone through Section 44, it gives me an impression that I don't have to take an English test again. I took the IELTS Academic Module way before the new Life Skills categories. By looking at my scores, it is at C2 and B2 levels. It has been previously approved on my 1st FLR last year. I am torn between taking it or not before my 1st extension expires in August 2017. And if I really have to take it, can I just take the B1 or above level so I wouldn't be able to take another one when applying for ILR when the time comes?


    44. 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 was accepted as part of their previous partner or parent application and there are no concerns about how the test result was obtained. This position reflects the current approach as set out in paragraphs 32B, 32C and 32D of Appendix FM-SE to the Immigration Rules.

    1. 32B. Where the decision-maker has:
    2. (a) reasonable cause to doubt that an English language test in speaking and listening at a minimum of level A1 of the Common Framework of Reference for Languages relied on at any time to meet a requirement for limited leave to enter or remain in Part 8 or Appendix FM was genuinely obtained; or
    3. (b) information that the test certificate or result awarded to the applicant has been withdrawn by the test provider for any reason,
    4. the decision-maker may discount the test certificate or result and require the applicant to provide a new test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.
    5. 32C. 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 which has ceased by the date of application to be:
    6. (a) from an approved test provider, or
    7. (b) in respect of an approved test, or
    8. (c) from an approved test centre, the decision-maker will not accept that certificate or result as valid, unless the decision-maker does so in accordance with paragraph 32D of this Appendix and subject to any transitional arrangements made in respect of the test provider, test or test centre in question.
    9. 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:
    10. (a) from a provider which is no longer approved, or
    11. (b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
    12. (c) from a test centre which is no longer approved, or
    13. (d) past its validity date (if a validity date is required under Appendix O), provided that when the subsequent application is made:
      1. (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
      2. (ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix.

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