ILR Approved language test and absence calculation

[Teamdoctor]

Hello everyone
Please help me with one issue.
I am on Tier1 Entrepreneur and going to apply for ILR this August 4, as my 5 year period is coming up this August 31.
I have my IELTS B1 Certificate dated March 20, 2013 which I used for Entry Clearance application on August 2014 and then on Visa Extension on December 2017.
Looking to the new list of approved Language test it is called IELTS for UKVI or Life Skills. And test centre which I used before not already in this table.

The rule states:

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, for example when you got permission to enter

The question is whether I can still use my old certificate or I have to re-sit the exam?

[zimba]

Your test will not be accepted as the immigration rules require the test center to continue to be on the current approved list:

2.2 For the purposes of paragraph 2.1, an applicant demonstrates sufficient knowledge of the English language if:
(b) the applicant-

• (i) has limited leave to enter or remain in the UK, and

• (ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.

• (iii) at the date of application, the provider of that qualification continues to be approved by the Secretary of State as specified in Appendix O to these Rules.

[Teamdoctor]

Dear friends
My qualified period of 5 years on Tier1 Entrepreneur is coming up on August 31 this year (Visa granted August 31, 2014 and Extension granted on June 17, 2018). So I set to apply on August 4, 2019.
Please help me with those two questions:

1). I have initially successfully applied with IELTS General Training B1 (Exam from March, 2013) for Entry Clearance and Extension. The question is whether I can use this Certificate for ILR application as well or have to re-sit the exam. It appears the IELTS still in the list of Approved test providers even if it is called IELTS for UKVI and Life Skills. Also the test centre where I took the exam not exists in the table of approved test centres.
The rule states:

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, for example when you got permission to enter

2). I had to travel a lot last 5 years. So every day matters for me in absence calculation. Am I right thinking that day of Departure and day of Arrival to UK don't count towards absences?

Please give me your expert opinion on those questions.

[Teamdoctor]

Dear Zimba
Thank you for your prompt answer.
Refer to Immigration Rules do not you think they meant the Qualificaton Provider is IELTS rather than Centre where exam was taken?

[teddybear79]

do you need to prove English skills again, I think you can use if excepted before

[teddybear79]

If your qualification has run out
Some recognised test qualifications only last for 2 years. You can still use a B1 level qualification that you took more than 2 years ago in 2 situations.

Applying for citizenship
You can use a B1 level qualification that’s run out if you’re applying for citizenship and it was accepted when you settled in the UK.

It does not matter if the B1 level test you took is not on the current list of recognised tests. You do not need to take another test.

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, for example when you got permission to enter




source
https://www.gov.uk/english-language/app ... ifications

[CR001]

Dear Zimba
Thank you for your prompt answer.
Refer to Immigration Rules do not you think they meant the Qualificaton Provider is IELTS rather than Centre where exam was taken?

It must be the IELTS and from a test centre on the current list. It is both that have to be met, not only one. You don't state where you previously did your test and if they are not on the list, then you cannot use it.

[Teamdoctor]

Thank you friends for all the replies
Help me please with my second question:

2). I had to travel a lot last 5 years. So every day matters for me in absence calculation. Am I right thinking that day of Departure and day of Arrival to UK don't count towards absences?

[Casa]

Thank you friends for all the replies
Help me please with my second question:

2). I had to travel a lot last 5 years. So every day matters for me in absence calculation. Am I right thinking that day of Departure and day of Arrival to UK don't count towards absences?

Correct