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Did they also tick additional option on the form for you "I have a speaking and listening qualification in English at B1 CEFR or higher, that is on the Home Office’s list of recognised tests and was taken at an approved test centre" ?mrgs1 wrote:Certificate was presented to NCS when we applied and a copy was taken.
My reading of that is that unless you're over 65 and are claiming to be in poor health, no one is exempt from proving they fulfil the language requirement—even citizens of majority English speaking countries have to prove it, it's just that the proof is their passport, which is already part of the application. My guess is that the box that says, "I met the knowledge of language and life requirement to qualify for settlement on or after 28th October 2013" is there for people who fulfilled the language requirement when they applied to settle after that date, but whose English test certificates have expired by the time of the naturalisation application. It's essentially saying that they don't need to sit another English language test for naturalisation. I would still expect that they'd have to send the expired test pass letter along with their application as the "confirmation" that is asked for.Guide AN, pages 13-14 wrote:You will need to provide both:or
- Letter confirming success in the Life in the UK Test, stamped and signed by the Test Supervisor; and either
- a Home Office approved qualification in English at B1 CEFR or higher, from the Secure English Language Test list. You must ensure that you state the test number at section 1.23 of the form);
or
- confirmation that you met the English language requirement, on or after 28th October 2013, in order to obtain settlement
- Your original degree certificate and one of the following:
- An Academic Qualification Level statement (AQUALS) and English Language Proficiency Statement (ELPS) from UK NARIC (these will show us that UK NARIC are content that your qualification is equivalent to a UK degree and was taught in English).
- An original and official certificate from your university confirming the degree was taught or researched in a majority English-speaking country (except Canada), plus an Academic Qualification Level statement (AQUALS) from UK NARIC confirming that your qualification is comparable to a UK degree OR
- Your passport showing that you are a national of a majority English speaking country
I don't know actually. I imagine it's certainly grounds for an exemption from proving the ability pass any sort of English listening and speaking test, but I could see them still requiring that the applicant demonstrate the ability to read and write in English. You can claim an exemption on the grounds of poor mental and physical health, but I'm not sure how that works in cases of people who are deaf but otherwise healthy.mrgs1 wrote:I maybe wrong but wouldn't you be excempt if you were deaf and relied on sign language, or would another test be performed?
My understanding is that, the whole point of having the question "confirmation that you met the English language requirement, on or after 28th October 2013, in order to obtain settlement" is that you already proved this in your settlement application therefore no further proof is required and that's the reason you tick this option. However, I agree with you on the fact that its good to still produce the proof but this cannot be the sole reason for rejection.Tea_Rocket wrote:At least one other person on this forum thought s/he didn't need to provide evidence that s/he met the English language criteria (and overruled the NCS caseworker who asked for it) and ended up receiving a request from the Home Office for all supporting documents, essentially negating the value of applying through an NCS in the first place. Your caseworker probably did your spouse a favour by sending the test information along.
The relevant part of the Form AN guide says on pages 13-14 (bolding mine)
My reading of that is that unless you're over 65 and are claiming to be in poor health, no one is exempt from proving they fulfil the language requirement—even citizens of majority English speaking countries have to prove it, it's just that the proof is their passport, which is already part of the application. My guess is that the box that says, "I met the knowledge of language and life requirement to qualify for settlement on or after 28th October 2013" is there for people who fulfilled the language requirement when they applied to settle after that date, but whose English test certificates have expired by the time of the naturalisation application. It's essentially saying that they don't need to sit another English language test for naturalisation. I would still expect that they'd have to send the expired test pass letter along with their application as the "confirmation" that is asked for.Guide AN, pages 13-14 wrote:You will need to provide both:or
- Letter confirming success in the Life in the UK Test, stamped and signed by the Test Supervisor; and either
- a Home Office approved qualification in English at B1 CEFR or higher, from the Secure English Language Test list. You must ensure that you state the test number at section 1.23 of the form);
or
- confirmation that you met the English language requirement, on or after 28th October 2013, in order to obtain settlement
- Your original degree certificate and one of the following:
- An Academic Qualification Level statement (AQUALS) and English Language Proficiency Statement (ELPS) from UK NARIC (these will show us that UK NARIC are content that your qualification is equivalent to a UK degree and was taught in English).
- An original and official certificate from your university confirming the degree was taught or researched in a majority English-speaking country (except Canada), plus an Academic Qualification Level statement (AQUALS) from UK NARIC confirming that your qualification is comparable to a UK degree OR
- Your passport showing that you are a national of a majority English speaking country
Was your spouse's English test pass still valid? If so, that might be why your caseworker filled in the parts of the form relating to the test. Did you have your degree certificate with you and was that copied and sent along to the Home Office as well?
I realise that some people have been approved for naturalisation without sending along extra evidence that they fulfil the language requirement, but it's not something I would suggest anyone try, especially if they do still have the documentation.
Based on the experiences of other members of the forum, it seems the Home Office will usually ask for more documents if they feel something is missing from an application. That was certainly the case with the poster who refused to send proof of his/her English language skills. If the documents are not provided in a timely manner the application is considered without them, and rejected on the grounds that sufficient evidence that the applicant fulfils the requirements of becoming a UK citizen has not been provided.guaravd wrote:My understanding is that, the whole point of having the question "confirmation that you met the English language requirement, on or after 28th October 2013, in order to obtain settlement" is that you already proved this in your settlement application therefore no further proof is required and that's the reason you tick this option. However, I agree with you on the fact that its good to still produce the proof but this cannot be the sole reason for rejection.