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ILR LR -English Language Requirement

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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nasir639
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Joined: Tue Feb 19, 2013 1:32 pm
United Kingdom

ILR LR -English Language Requirement

Post by nasir639 » Sun Jan 16, 2022 3:32 pm

Hello Folks,

I am in the process of applying for ILR for my partner under 10 year rule. I have a query in relation to the English language requirement.

She is from a non-English speaking country and did pass her B1 Certificate from Trinity College London in 2015 in preparation for a SET(O) application. The certificate was submitted as part of that application however, because I changed my application route to LR from SET(O), my partner had to go through 5-year partner route and her clock stated again!

The below statement was taken from gov.uk website in relation to the expiry of the B1 certificate.

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


Do you think the qualification is valid or does she need to take another test?


Thanks for you help in this matter.

Regards,
Nas

ywlgy
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Posts: 650
Joined: Mon May 03, 2021 5:05 pm
United Kingdom

Re: ILR LR -English Language Requirement

Post by ywlgy » Sun Jan 16, 2022 4:05 pm

What happened to her Set(O) application? Withdrawn or refused? But anyway i think the test is no longer valid because it is not considered "accepted" when the application was not successful.
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

nasir639
Newbie
Posts: 39
Joined: Tue Feb 19, 2013 1:32 pm
United Kingdom

Re: ILR LR -English Language Requirement

Post by nasir639 » Sun Jan 16, 2022 4:57 pm

The application was then switched to partner route.

I also have a UK NARIC conversion of her Law degree in Egypt which they confirmed in writing to be equivalent to UK Bachelors degree. I think this might do the trick. I will probably speak to them tomorrow for clarity.

Thank you

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zimba
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Re: ILR LR -English Language Requirement

Post by zimba » Mon Jan 17, 2022 2:26 pm

NARIC is good
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nasir639
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Posts: 39
Joined: Tue Feb 19, 2013 1:32 pm
United Kingdom

Re: ILR LR -English Language Requirement

Post by nasir639 » Tue Jan 18, 2022 9:34 am

Yes but the degree was not taught in English and therefore, I don't think have just a statement of comparability from NARIC is enough. What are you views on that?

nasir639
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Posts: 39
Joined: Tue Feb 19, 2013 1:32 pm
United Kingdom

Re: ILR LR -English Language Requirement

Post by nasir639 » Tue Jan 18, 2022 9:35 am

Zimba wrote:
Mon Jan 17, 2022 2:26 pm
NARIC is good
Yes but the degree was not taught in English and therefore, I don't think have just a statement of comparability from NARIC is enough. What are you views on that?

vinny
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Re: ILR LR -English Language Requirement

Post by vinny » Tue Jan 18, 2022 11:07 am

A non-English taught Degree fails 2.2.
nasir639 wrote:
Sun Jan 16, 2022 3:32 pm
She is from a non-English speaking country and did pass her B1 Certificate from Trinity College London in 2015 in preparation for a SET(O) application. The certificate was submitted as part of that application however, because I changed my application route to LR from SET(O), my partner had to go through 5-year partner route and her clock stated again!
Does her B1 certificate satisfy 2.2(b)?
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ywlgy
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Joined: Mon May 03, 2021 5:05 pm
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Re: ILR LR -English Language Requirement

Post by ywlgy » Tue Jan 18, 2022 8:51 pm

nasir639 wrote:
Sun Jan 16, 2022 4:57 pm
The application was then switched to partner route.
Did she submit the B1 certificate when applying through partner route?
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

nasir639
Newbie
Posts: 39
Joined: Tue Feb 19, 2013 1:32 pm
United Kingdom

Re: ILR LR -English Language Requirement

Post by nasir639 » Fri Jan 21, 2022 2:47 pm

ywlgy wrote:
Tue Jan 18, 2022 8:51 pm
nasir639 wrote:
Sun Jan 16, 2022 4:57 pm
The application was then switched to partner route.
Did she submit the B1 certificate when applying through partner route?
She send her B1 when we both applied through SET O form ( I think hers was SET M) however, when the route did get changed to partner route, we did not have to make other application and all the document were with them already including the B1 form which was then returned to us when the application was successful.

If she applied separately for partner route visa, B1 wouldn't be a requirement in my opinion and that's the confusion.

ywlgy
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Posts: 650
Joined: Mon May 03, 2021 5:05 pm
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Re: ILR LR -English Language Requirement

Post by ywlgy » Fri Jan 21, 2022 11:17 pm

nasir639 wrote:
Fri Jan 21, 2022 2:47 pm
ywlgy wrote:
Tue Jan 18, 2022 8:51 pm
nasir639 wrote:
Sun Jan 16, 2022 4:57 pm
The application was then switched to partner route.
Did she submit the B1 certificate when applying through partner route?
She send her B1 when we both applied through SET O form ( I think hers was SET M) however, when the route did get changed to partner route, we did not have to make other application and all the document were with them already including the B1 form which was then returned to us when the application was successful.

If she applied separately for partner route visa, B1 wouldn't be a requirement in my opinion and that's the confusion.
I don't know about the rules back in 2015. Now, A1 or higher is required to apply for the first 2.5 years spouse visa. It might be the case her B1 was accepted in 2015.
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

nasir639
Newbie
Posts: 39
Joined: Tue Feb 19, 2013 1:32 pm
United Kingdom

Re: ILR LR -English Language Requirement

Post by nasir639 » Sat Jan 22, 2022 9:19 am

ywlgy wrote:
Fri Jan 21, 2022 11:17 pm
nasir639 wrote:
Fri Jan 21, 2022 2:47 pm
ywlgy wrote:
Tue Jan 18, 2022 8:51 pm
nasir639 wrote:
Sun Jan 16, 2022 4:57 pm
The application was then switched to partner route.
Did she submit the B1 certificate when applying through partner route?
She send her B1 when we both applied through SET O form ( I think hers was SET M) however, when the route did get changed to partner route, we did not have to make other application and all the document were with them already including the B1 form which was then returned to us when the application was successful.

If she applied separately for partner route visa, B1 wouldn't be a requirement in my opinion and that's the confusion.
I don't know about the rules back in 2015. Now, A1 or higher is required to apply for the first 2.5 years spouse visa. It might be the case her B1 was accepted in 2015.
I think you are right in saying that her B1 was actually accepted back in 2016. I was a bit confused there as didn't know English language was a requirement in spouse visa and so ended up asking mrs to take another test. Oh well, £150 went down the drain lol

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