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New English Language Test

Discussion in 'UK Visa and Immigration Help' started by Howerd, Apr 4, 2015.

  1. faustocoppi
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    faustocoppi Member

    Very confused about whether my wife needs to take the test again

    We are coming up to our 2.5 year point and need to extend for another 2.5 years

    My wife took the much harder Pearson PTE academic test got really good marks, higher than most academics

    From May 2017 it talks about having to take a test again.
    However under this Government doc

    https://www.gov.uk/guidance/immigra...endix-fm-se-family-members-specified-evidence

    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 will accept that certificate or result as valid if it is:
    1. (a) from a provider which is no longer approved, or
    2. (b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
    3. (c) from a test centre which is no longer approved, or
    4. (d) past its validity date (if a validity date is required under Appendix O), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
  2. JoshuaTree
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    JoshuaTree Active Member

    I think you're fine, if your wife used the Pearson test to enter - I'm assuming that's the case?
    Where you write "From May 2017 it talks about having to take a test again" what do you refer to by 'it' ? Is it something stated on the Pearson certificate?
  3. faustocoppi
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    faustocoppi Member

  4. faustocoppi
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    faustocoppi Member

    That same page

    https://www.gov.uk/government/uploa...A2-_English_language-_statement_of_intent.pdf

    Page 12 note 44

    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.

    Still no idea if her test will do, its certainly way above a2 level but who knows if they'll accept it
  5. Mattecube
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    Mattecube I have no need Trusted Member

    It is saying that if the applicants first FLR English language requirement was above a2 then they do not need to take a further English test for the next stage of FLR providing the applicant is with the same partner or parent and that it was taken at a UKBA listed centre and not got for the price of a bag of rice and 3 fish!
    • Funny Funny x 1
  6. JoshuaTree
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    JoshuaTree Active Member

    Ah OK - you didn't answer it the Pearson cert was used to enter, but as Mattecube says it's fine as it's above the minimum level and from an approved centre. I think the excerpt you're posting relates to the A1 level in particular and there should be another clarifying on the academic level tests.
  7. faustocoppi
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    faustocoppi Member

    Thanks all yes the Pearson Centre in Makati was used, I finally found a comparison on the Pearson PTE, her result is at the highest level C1 to C2 level above whats needed if you want to study an MBA here.
    I think I'll print out that page and put in in with application in case we have any problems.
    • Like Like x 1
  8. Brom27
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    Brom27 Well-Known Member Trusted Member

    Just check if the Pearson is still on the list of accepted English language tests from the UKVI. Just to make sure.
    • Agree Agree x 1
  9. Mattecube
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    Mattecube I have no need Trusted Member

    Good point if the Pearson was taken before 5th April 2015 its ok if after that date a re-sit at a now approved centre is required.
  10. faustocoppi
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    faustocoppi Member

    Hi

    It no longer is but that still seems to be OK by this rule here .

    So both rules 1a and 3c both cover us

    If 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 will accept that certificate or result as valid if it is:
    1. (a) from a provider which is no longer approved, or
    2. (b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
    3. (c) from a test centre which is no longer approved, or
    4. (d) past its validity date (if a validity date is required under Appendix O), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
  11. faustocoppi
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    faustocoppi Member


    Basically they seem to be saying as long as you were not refused before and we accepted your test before we will still approve it even if that test is no longer an accepted test if you have had no test yet.
  12. faustocoppi
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    faustocoppi Member

    Sorry my Mistake Pearson is still on the FLR form as the previous test we will rely on.

    Looking all round the web at the forums for Visas some people have had issues with the reviewers not knowing their own rules.
    We are purposely not going to redo the test, I'm going to take there own legal rules in with me and if I get any hassle say "can you read English, my wife understands these legal docs by reading them it seems you can't"
  13. DaveDeer78
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    DaveDeer78 New Member

    They can speak and understand English very well, my gf who's from Manila can speak many other language has her job requires it, but her English is better then my own and she shouldn't have to prove this when she could just be interviewed face to face.
  14. Fham
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    Fham New Member

    hi 1st post ;)
    will be posting a lot more over the next few months asking questions and giving a bit more info on my background/situation
    but first question is do children (7 year old) have to take the English test?
  15. Anne
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    Anne Well-Known Member Trusted Member

    No. Not until they are 18.
    • Like Like x 1
  16. Fham
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    Fham New Member

    Excellent. Thanks
  17. binglybongly
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    binglybongly Member

    hello! we'll be doing our FLR(M) come august / september, and we've booked the language test. we've been told by our immigration adviser that my wife can do the B1 IELTS at manchester university language center, and it's fine to use that for the FLR(M) - rather than paying to do the lower level A1 for FLR(M), then paying again to the B1 at the end of the whole process. Is this correct advice? I'm guessing it is, but to be honest I've spent days digging through everything I can find and I'm still a bit unsure. thanks in advance, as always.
  18. Anne
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    Anne Well-Known Member Trusted Member

    Taking a higher level of test saves you from taking another one when application for ILR comes. So that's correct advice.
  19. Coolystme
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    Coolystme Member

    Is B1 expired after 2 years? I’m due to update my one. Cause the last time I took the test it’s only valid for 2 years..
  20. Anne
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    Anne Well-Known Member Trusted Member

    It will still be valid if it is previously accepted in the visa application i.e. FLR

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