Expired IELTS certificate for ILR application in Sept. 2017

[aeun-flux]

Hello all,

First of, let me a take a moment to say thank you's to all involved here.You people are amazing !!

Ok, let me cut to the chase.

I am about to apply for ILR in Sept. 2017, I had student Visa from 2007 until 2009, and during that time I got married to an EEA citizen ( i am still married if you are wondering

When i got my initial entry clearance I had to give Academic IELTS in which i scored 8.0

My question is: instead of getting a B1 certificate (and spending a £150 for 10 minutes, just for a conversation), can I use the expired IELTS certificate?

In the website, its mentioned that
" Applying to settle in the UK
You can use a B1 level qualification that’s run out if both of the following are true:

it’s on the current list of recognised tests
it was accepted for another UK immigration application, eg when you got permission to enter"

I am sorry if this has already been answered and I have not shown my skill of attention to detail, but please can you advise still?

Thank you all again !!

[CR001]

Is your test and test provider on the current HO list??

To use an expired test, you must meet both requirements.

Assuming you are applying for ILR based on long residence, what has your EEA spouse been doing the whole time you have held an EEA FM residence card?

Why not apply for PR under the EU regs (£65)?

[aeun-flux]

Hi there,

My apologies for the late reply:

Please see below

Is your test and test provider on the current HO list??
To use an expired test, you must meet both requirements.
Assuming you are applying for ILR based on long residence, what has your EEA spouse been doing the whole time you have held an EEA FM residence card?
Why not apply for PR under the EU regs (£65)?

The test center and the provider are in the list.

I did the test under British Council Kolkata centre number IN002, although in the list i have found the same listed as test center IN001, which got me confused.

My EEA spouse has had intermittent work until 2014, when she joined the local council as a Unqualifed Teacher, which means that she didnt have the necessary 5 years complete work status, her 5 years will complete in 2019, so thats why I was applying for ILR, because i will not qualify for the PR under the EU regs.

Please advice.

Thank you !!

[CR001]

If you don't qualify for PR due to your wife not being a qualified person, you will not qualify for ILR based on long residence either as you are required to submit substantial evidence of your EU sponsors exercising treaty rights for the WHOLE period that you are relying on being an EEA FM residence card holder.

If you are unable to prove she was a qualifying person exercising treaty rights for the whole time you are claiming, your ILR will also be refused.

[aeun-flux]

If you don't qualify for PR due to your wife not being a qualified person, you will not qualify for ILR based on long residence either as you are required to submit substantial evidence of your EU sponsors exercising treaty rights for the WHOLE period that you are relying on being an EEA FM residence card holder.

If you are unable to prove she was a qualifying person exercising treaty rights for the whole time you are claiming, your ILR will also be refused.

Wow..that's a new revelation for me now.

Are you sure about that? (please do not think I am undermining you)

Is it possible to get a second opinion just in case !!

[Casa]

CR001 is correct.

[CR001]

Page 14 onwards of the form is clear on what must be declared and supporting documents would need to be submitted.

https://www.gov.uk/government/uploads/s ... -04-17.pdf

[aeun-flux]

Thank you so much CR001 and Casa.

I guess I can look into this as £3000 approx saved rather than wasted

[CR001]

Thank you so much CR001 and Casa.

I guess I can look into this as £3000 approx saved rather than wasted

Yes, that is of course the positive out of this.