Spouse Visa Extension

A colleague at work is here on a Spouse Visa. She is due to apply for ILR soon. However, she has discovered that her English Language test is now invalid as it was only to the A2 level and not higher as is now required by the UKBA since the end of October. She is well capable of scoring much higher than the B1 level required but just hasnt got the bit of paper to prove it and looks like she will not be able to take it before her time runs out for the ILR application.

She has already passed her Life in the UK Test.

She says she has been told that for ~ £500 she will get a visa extension or FLR in which to take the test. This is the first time I have heard of such a thing but often wondered about what happens if ILR is not achieved at the first time of asking.....

I don't fully understand this as the test results are, I believe, only valid for 2 years so she would need to retake the test anyway as it must be at least 2 years since she took it if she is applying for ILR.

Maybe the new rules (you need to apply for FLR twice) will enable her another FLR, but she'd still need a valid English test.

I'd say the best bet is to take one pretty sharpish!

As I understand it some test certificates dont lose validity. But anyhow, she needs to take the test as her test result is only to A2 level, evidently. The problem she has is finding a test centre that she can sit the test in what amounts to just a couple of months including christmas, before hervILR application deadline.

They have tried looking at test centres on the UK mainland but no luck so far, though maybe they will find one. Undestandably panic has set in They have the same problem with their teeenage daughter.

Seemingly this extension would give her up to 6 extra months to take and pass the test and submit her ILR application.

Upon Googling I see it depends which certificate you have. My wife took the TOEIC test, and that does have a validity of 2 years - so it depends which test she took.

http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/appendixo/

Which test are they trying for? And where? I know there's a TOEIC test centre in Porstmouth and another in Southampton.

In her case it isnt expiration that is in question, she simply only scored an A2 band result. From October onwards they require a higher scoring for ILR applications.

On a test centre, they have to first get to the UK mainland which is expensive but they have been looking in Liverpool and Manchester etc as it is relatively local. They seem to be a bit one track on ESOL so I will suggest TOEIC to them. Thanks.

John's comments have just made me check my wife's IELTS which incidentally is valid for 2 years. I have just checked the FLR(M) requirements which will be applied for after 2 1/2 years. This means her IELTS test will be out of date. Does this mean she would have to do English test again prior to FLR(M)?

Looking at the notes on FLR(M), it says:-

You have passed an English language test in
speaking and listening at level A1 of the Common
European Framework of Reference or above, with
a Home Office approved provider.

Well, she has passed it, it doesn't mention anything about it currently being valid.

So would she need to do it again or is it sufficient that she has already done it, despite it being out of date at the point of applying?

I certainly took it to mean my wife would need another test when she applies for her next FLR. If in doubt it's probably best to take that as the safer option.

TOEIC test centre in Manchester. http://www.manchestercitycollege.org/Pages/TOEICTestCentre.aspx

Ah. I see yes.

Just seen the email correspondence between my colleagues husband and Immigration. They havecconfirmation from Immigration that they should pay for 2 years FLR and submit the ILR application as soon as my colleague has passed the English Language test to the B1 level.

They are going to go for this as they feel more comfortable that way than to go flying across to Manchester etc to take the test in a last minute panic.

Makes sense maybe, although it does mean paying for an extra visa presumably.

I think so. If it expires before FLR then it means a resit. My wife was lucky as she applied for ILR under older rules.

Thanks for the confirmation both and yes better safe than sorry. The extra expense of FLR for your colleague isn't a cheap option but at least he's safe in the knowledge of the confirmation and no immediate running around.

In the case of my colleague, they left it all a bit late. Although to be fair, if you dont keep your ear to the ground then you can easily not be aware of these regulation changes.

Yes. She says it probably cost getting on for the FLR fee to get across to Manchester and back and then there is the sweat and pressure involved....

Yes. She has to pay out £500 for FLR. Added and unecessary expense.

Closer to £600 than £500 but a darn lot cheaper than an "in person" one, wow

Well, £578 for her and then an extra £433 for her daughter. Its a flat fee here, regardless of how it is submitted.

She seems to have come to terms with it.

Just jumping in here.

Yes, it's unfortunate that the Home Office has seen fit to upgrade the English Language test level to B1.

John, I think you collegue's wife is taking the best option. It's allowed for on the latest FLR(M) form by ticking the appropriate box.
She can of course apply for ILR at anytime once she has that pass certificate. If they have the budget.

The requirement for B1 level English at Speaking and Listening (not needed for other modules) applies to both applications for ILR and applications for Naturalisation.

Incidently, anyone who has previously achieved level B1 does not need to take another test in order to be eligible for applications of ILR or Naturalisation, whether their original test certificate has expired or not.
Many folks took the IELTS test. The minimum passing level for this test is actually B1.

I see. My wife scored a C1 at TOEIC. But her certificate has expired. Will she not have to retake it for Citizenship or will it be valid still for Citizenship?

BTW my colleague is both the wife and applicant.

Don't mean to jump all over your post John but just responding to Micawbers comments too, what about FLR? If someone attains an IELTS 7 (equivalent to CEFR C1) but the IELTS certificate is expired prior to FLR, do they not need to take the English test again before the FLR? Assuming the expired IELTS is satisfactory that would imply it would also be satisfactory for ILR 5 years down the road, no? Or have i read that wrong?