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B1 test Again !!

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Rakka23
Newly Registered
Posts: 14
Joined: Wed Jun 03, 2020 9:13 pm
Albania

B1 test Again !!

Post by Rakka23 » Mon Feb 08, 2021 5:18 pm

Hello everyone ,
Basically my ILR visa has been refused June 2018 and now im due to apply for it again,and i have used this B1 certificate test once when my Ilr has been refused.

As some lawyers are saying i have to do again B1 after 2 years and some are saying no need to do it again , does anyone has been through this or does b1 test expires
Can i use the same test or i have to re take it again , if any one can give me an answer, please see the photo of certificate

Thanks in advance .

https://pasteboard.co/JNqQzBy.jpg

secret.simon
Moderator
Posts: 11252
Joined: Thu Feb 21, 2013 9:29 pm

Re: B1 test Again !!

Post by secret.simon » Mon Feb 08, 2021 5:23 pm

Prove your knowledge of English for citizenship and settling
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 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
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

KVP
Member
Posts: 107
Joined: Wed Nov 26, 2014 8:02 pm

Re: B1 test Again !!

Post by KVP » Sun Feb 14, 2021 9:24 pm

I am no expert,

But as I read from these posts below, You may re-use it only when previous application was successful. In your case, your previous application was refused, so you need to rethink before re-using your current B1 again.

Experts can help more.

1) https://www.freemovement.org.uk/briefin ... quirement/

Extract from the above post which states as below:

Note that the above provision does not apply where the application that first included the relevant English language test certificate was refused, even if it was refused for reasons other than a failure to meet the English language requirement.

2) indefinite-leave-to-remain/faqs-english ... 93792.html

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: B1 test Again !!

Post by vinny » Mon Feb 15, 2021 12:43 am

I think you may require another B1 test, if 2.2 fails.

Using logical equivalences,

2.2 fails, if
I assume that 2.2(a) fails?

Now, 2.2(b) fails, if
Where, 2.2(b)
(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.
fails.

2.2(b)(ii) fails, if none of your previous grants of leave were given on the basis that you had an English language qualification at a minimum level of B1?

2.2(c)
the on line verification system operated by an approved English language test provider, as published on the UK Visas and Immigration pages of Gov.uk, confirms that the applicant has passed an English language test in speaking and listening, at a minimum level B1 of the Common European Framework of Reference for Languages, which is approved by the Secretary of State, and taken at a test centre approved by the Secretary of State as a Secure English Language Test Centre no more than two years before the date of application.
fails.

Moreover, are you eligible for ILR under 10-years requirement?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: B1 test Again !!

Post by vinny » Mon Feb 15, 2021 9:58 am

secret.simon wrote:
Mon Feb 08, 2021 5:23 pm
Prove your knowledge of English for citizenship and settling
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 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
appears to be worded slightly differently. However, they may take a consistent view that they had not accepted the test in another application because they did not require it when granting further leave?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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