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English Language Test for ILR - exempt for Tier 1 (General)?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Tier1_General_ILR
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English Language Test for ILR - exempt for Tier 1 (General)?

Post by Tier1_General_ILR » Thu Aug 02, 2018 11:42 pm

Hello,

I was on Tier 1 (General) until Jan-2018 when I switched to Tier 2 (General) which was processed by a solicitor. I wanted to give English language evidence for Tier 2 (General) application but I was told that it was not required. In fact Tier 2 application has a line saying "You do not need to prove you meet the required level of English because you have current leave in Tier 1 (General), or had leave in the past".
My Tier 2 went through successfully.

I am now applying for ILR. I gave Trinity Exam in July 2016 so it has been more than 2 years.

I had submitted it for my earlier ILR application which was refused as I didn't meet the continuous period of stay (so technically they had accepted the English exam proof)

I did not submit it for my current Tier 2 general because apparently I was exempt.

For Tier 1, my degree was valid as per the points calculator so did not require any further evidence.

Could someone please help me with following -
1. I have been living in the UK for more than 5 years on Tier 1 (General) and Tier 2 (General) - do I still need to provide evidence for English language?

I think the answer is yes but still want to confirm as I don't really want to spend £150 if I don't have to (it does not sound logical to ask for English language evidence again when one has given another proof (degree on points calculator)

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zimba
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Re: English Language Test for ILR - exempt for Tier 1 (General)?

Post by zimba » Thu Aug 02, 2018 11:46 pm

Yes. You can use the same test if it is still accepted by HO (it is on the approved tests list)
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Tier1_General_ILR
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Re: English Language Test for ILR - exempt for Tier 1 (General)?

Post by Tier1_General_ILR » Fri Aug 03, 2018 10:07 am

It was not affirmatively accepted as my ILR was refused for not meeting continuous period of stay. I don't have any documentation to say that they have accepted it.

I just checked for Tier 2 (general) guidance which says one does not have English language evidence if one has met it for earlier visa. So in my case, I had met it as part of my Tier 1 (General) visa application.

However, it does not say so for ILR.

I have given ielts (General Training) but I read it on this forum that there is no clear guidance that it is accepted.

I think I will have to make the hard decision to spend my £150.

It is clear that they have not really thought through about the English language abilities (frustrating when they charge £2999 for it)

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zimba
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Re: English Language Test for ILR - exempt for Tier 1 (General)?

Post by zimba » Fri Aug 03, 2018 12:23 pm

Accepted by HO means 'if it is on the approved list'. See: https://www.gov.uk/government/publicati ... uage-tests
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Tier1_General_ILR
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Re: English Language Test for ILR - exempt for Tier 1 (General)?

Post by Tier1_General_ILR » Fri Aug 03, 2018 1:22 pm

Thanks. ielts has only ukvi version in the approved list. Other versions are not in the list.

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