Naturalisation queries

[UKBALoveStory]

What is the precise details of the IELTS you have done (including awarding body etc)?

IELTS General,
Centre Stamp, British Council Lahore, Pakistan.
Test date, Sept 2008.
Validation Stamp, Cambridge ESOL, British Council.

[torikelly91]

Personally I'd suggest doing a new language test since yours is from 2008. If it was more recent like 2013 onwards then may be but its 7 years old.

[CR001]

Validation Stamp, Cambridge ESOL

Not sure if this will be a problem as ESOL is no longer accepted by HO.

[UKBALoveStory]

Page 14 of AN Booklet November says

If you have already satisfied the requirement to have sufficient knowledge of language and
life in the UK for settlement, by applying on or after 28 October 2013, you do not have to
demonstrate it again.

Thanks for replying. Now, from I am more worried than confused
What about this guidance?

[CR001]

From 19 November 2015, you won’t be able to use ESOL qualifications as proof for settlement and citizenship applications.

This is well documented now, ESOL is no longer accepted.

That aside, you still need to submit proof of LIUK and meeting the English requirement with your citizenship application, even if you met the requirement after 28 October 2013.

[lynxukauq]

Page 14 of AN Booklet November says

If you have already satisfied the requirement to have sufficient knowledge of language and
life in the UK for settlement, by applying on or after 28 October 2013, you do not have to
demonstrate it again.

Thanks for replying. Now, from I am more worried than confused
What about this guidance?

Reading from the guidance it does says that you don't have to demonstrate it

ACCEPTABLE QUALIFICATIONS (CLICK)

As of 12th November 2015, we will only accept an English language qualification that is on
the Home Office’s list of approved tests as evidence that you have met the requirement
to hold a B1 level English qualification. This must be taken at a Home Office approved
test centre.

The list of recognised tests can be found on the gov.uk website:

https://www.gov.uk/government/publicati ... uage-tests.

If you met the requirement to have sufficient knowledge of language and life in the UK when
you applied for settlement by having a B1 level test you do not have to demonstrate it
again. (People who applied for settlement on or after 28 October 2013 needed to have had
a B1 level qualification.)

[psnlb]

I was in the exact same situation as yours with same entry and ILR dates. I used TOEFL to get my Tier 2 in 2009. For naturalization I ended up with a letter from HO requesting I pass a new test so I did the Trinity College one. My advice is to just do a new one. Hope this helps.

[ALI97]

Hi CROO1
If this is the case that everybody have to prove again life in UK test and English knowledge, they why the option is still there on AN firm that I already met English Knowledge on or after 28 October 13
I applied via ncs Aberdeen and they confirmed from home office and just tick on an form and said no need to submit English knowledge proof and I never submitted ...as my application still in process applied on 24 November 15

[UKBALoveStory]

Hi CROO1
If this is the case that everybody have to prove again life in UK test and English knowledge, they why the option is still there on AN firm that I already met English Knowledge on or after 28 October 13
I applied via ncs Aberdeen and they confirmed from home office and just tick on an form and said no need to submit English knowledge proof and I never submitted ...as my application still in process applied on 24 November 15

Also, See the second response on this thread

http://www.immigrationboards.com/britis ... l#p1235062

[cs95tdg]

I think a pertinent question to ask the Home office is whether a English language qualification that is no longer on the list of acceptable English qualifications (subsequent to Nov 12th, 2015), but was valid at the time you were granted ILR (after Oct 2013), would that still be acceptable for naturalisation?

Personally if I had such a qualification and were planning to apply for naturalisation after November 12th, I'd do a new test and submit it instead.

But it's worth asking the question from the Home office, if you do not wish to do so.

[UKBALoveStory]

I think a pertinent question to ask the Home office is whether a English language qualification that is no longer on the list of acceptable English qualifications (subsequent to Nov 12th, 2015), but was valid at the time you were granted ILR (after Oct 2013), would that still be acceptable for naturalisation?

Personally if I had such a qualification and were planning to apply for naturalisation after November 12th, I'd do a new test and submit it instead.

But it's worth asking the question from the Home office, if you do not wish to do so.

I can see few questions on whatdotheyknow with no response from home office
https://www.whatdotheyknow.com/request/ ... _3_for_app
https://www.whatdotheyknow.com/request/ ... met_the_kn

[cs95tdg]

Based on that, it comes down to whether you would prefer to 1) write and ask the question yourself - then wait for a response, 2) risk possible complications by going ahead with your existing qualification or 3) doing a acceptable test and submitting that instead.

I'm generally risk averse, so would personally write and ask the question myself (then again may be not, if you'd rather not delay your application), and if I didn't receive a reply within a reasonable timeframe, just to do another acceptable test instead.

It beats the possibly of having the home office delay your application, asking for alternate evidence at a later date. Or even the possibility of the application being refused, and having to submit a reconsideration request. All of which are complicated. Keep it simple if possible.

[UKBALoveStory]

Based on that, it comes down to whether you would prefer to 1) write and ask the question yourself - then wait for a response, 2) risk possible complications by going ahead with your existing qualification or 3) doing a acceptable test and submitting that instead.

I'm generally risk averse, so would personally write and ask the question myself (then again may be not, if you'd rather not delay your application), and if I didn't receive a reply within a reasonable timeframe, just to do another acceptable test instead.

It beats the possibly of having the home office delay your application, asking for alternate evidence at a later date. Or even the possibility of the application being refused, and having to submit a reconsideration request. All of which are complicated. Keep it simple if possible.

I have called home office helpline at two separate occasions today and they confirmed it is acceptable, however I also know that the advice provided by call centre guys is not trustworthy. I have also sent couple of emails, will post when and if I get any response.

[UKBALoveStory]

Meanwhile on this link
https://www.gov.uk/english-language/app ... ifications

It says

Some qualifications on the Home Office’s list expire after 2 years.

You can use an expired test if:

you’re applying for citizenship and your B1 level qualification was accepted when settling in the UK
you’re applying to settle in the UK and your qualification was accepted for another UK immigration application, eg when you got permission to enter

I think it now clarify that it should be acceptable. Do you guys agree? especially CROO1, as I found you always helpful and knowledgeable.

[cs95tdg]

Is your qualification on this list below?

https://www.gov.uk/government/uploads/s ... ebsite.pdf

The fact that has now expired would not matter.

[UKBALoveStory]

Is your qualification on this list below?

https://www.gov.uk/government/uploads/s ... ebsite.pdf

Nope.

The fact that has now expired would not matter.

Please read this

Some qualifications on the Home Office’s list expire after 2 years.

You can use an expired test if:

you’re applying for citizenship and your B1 level qualification was accepted when settling in the UK
you’re applying to settle in the UK and your qualification was accepted for another UK immigration application, eg when you got permission to enter

[cs95tdg]

I did read that, the way I interpreted that was purely as a note to those who were worried that their expired certificates (used for previous ILR but still listed on the acceptable qualifications list) would now no longer be accepted for naturalisation - on the basis that they had expired.

But the question here appears to be, whether the qualification itself is now acceptable (not the fact that it has expired), because it is no longer on the acceptable qualifications list.

I will leave it for others to comment, as I don't believe I can add anything more of value to the discussion at this point in time.

[lynxukauq]

I would have to agree with cs95tdg here that the expired qualification will only be accepted if they appear on the approved English language test list

It's best to take a new test since you will be forking out £££, it's best to keep things simple.

Also if you read between the lines it states the Home Office list as per below, so what is the current list? Does the qualification appears on the current list or not?

Some qualifications on the Home Office’s list expire after 2 years.

You can use an expired test if:

- you’re applying for citizenship and your B1 level qualification was accepted when settling in the UK

- you’re applying to settle in the UK and your qualification was accepted for another UK immigration application, eg when you got permission to enter

[CR001]

Validation Stamp, Cambridge ESOL

Not sure if this will be a problem as ESOL is no longer accepted by HO.

ESOL is no longer accepted by HO regardless of whether it was used in a previous application.

[geriatrix]

Is it possible that the exemption:

met this requirement, on or after 28th October 2013, in order to obtain settlement (ILR),

may no longer apply to those who are relying (or have relied earlier, on/after 28-Oct-13,) on meeting the English language requirement through a "language test" but continues to hold good for people with other means of meeting the requirement (academic qualification, nationality)??

That said, I also find it hard to imagine HO asking people who took a test to qualify for settlement on/after 28-Oct-13 to now take another test within 2 years to qualify for naturalisation.

The only case posted onthe forum to suggest that this may be happening is - psnib's case.

But psnlb has not posted in his/her topic why he/she was asked to take a new test (the reason for not accepting TOEFL)! So it is just a guess ....


To make matters worse, neither of the two guidances have been updated to reflect the change and explain how it affects applicants.

[UKBALoveStory]

That said, I also find it hard to imagine HO asking people who took a test to qualify for settlement on/after 28-Oct-13 to now take another test within 2 years to qualify for naturalisation.

The only case posted onthe forum to suggest that this may be happening is - psnib's case.

This is really unfair if true. Every time I call citizenship helpline, I get the same answer that you don't have to redo the test and the original qualification can be resubmitted. I know that are not the well trained people, however, I find it really difficult to understand that all of the advisers don't know the rules.

If you or any other moderator, by any chance, know or can have means to contact home office, please do so to clarify the requirement. I have dropped them emails but I am not sure when (and if) I will receive the response.

Thanks

[geriatrix]

Any response from the email address given in this post? That seems to be the most appropriate team to answer the query (but that's assuming they themselves know how the changes to immigration rules, in context, have affected KoLL requirement for nationality applications).


Since 28-Oct-13 KoLL requirements for both settlement and naturalisation have been the same. If that is supposed to continue post Nov-2015 changes (as HO seems to advertise through their statements) then the only change is that non-SELT test qualifications may no longer be accepted for settlement - hence may no longer be accepted for naturalisation????



I suspect there will be a few weeks (if not months) of limbo before things become clear(er).

[UKBALoveStory]

Any response from the email address given in this post? That seems to be the most appropriate team to answer the query (but that's assuming they themselves know how the changes to immigration rules, in context, have affected KoLL requirement for nationality applications).

Nope, Just waiting.

Since 28-Oct-13 KoLL requirements for both settlement and naturalisation have been the same. If that is supposed to continue post Nov-2015 changes (as HO seems to advertise through their statements) then the only change is that non-SELT test qualifications may no longer be accepted for settlement - hence may no longer be accepted for naturalisation????
I suspect there will be a few weeks (if not months) of limbo before things become clear(er).

Going back to my own case, I have a expired IELTS GENERAL certificate. The validation stamp on certificate says "CAMBRIDGE ESOL/BRITISH COUNCIL/IDP.IA". Now, is this a non-SELT test qualification or a SELT qualification? your thoughts?

[geriatrix]

The awarding body of your IELTS exam is University of Cambridge ESOL examinations. The mention of ESOL may be enough for a stupid caseworker to reject your IELTS test result.

IELTS SELT awarding body is "Cambridge English Language Assessments".

[geriatrix]

Another one that you may want to write to: NationalityPolicyTeam.Liverpool@homeoffice.gsi.gov.uk