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English Test for Spouse visa from this Autumn

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sam888
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English Test for Spouse visa from this Autumn

Post by sam888 » Fri Jul 02, 2010 12:02 pm

hello

I have british citizen ship and i am working full time, not depending on any public funds.

I want to bring my wife here from pakistan and i recently heard that they are introducing an english test for spouses coming from abroad. Her english is not good and i dont think she will be able to pass the english test.

My question is that if i apply for her to come now before the rules are applied in the autumn then will she have to do the english test?

jatinderw
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Post by jatinderw » Fri Jul 02, 2010 12:30 pm

If She applies before the new rules are introduced, she will not have to take the test

pepto
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Post by pepto » Fri Jul 02, 2010 12:48 pm

I have also enquired about this recently and was told the same, that there is no English test required if you apply before autumn.

zeddy zed
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Post by zeddy zed » Fri Jul 02, 2010 2:20 pm

pepto wrote:I have also enquired about this recently and was told the same, that there is no English test required if you apply before autumn.
thats correct my lawyer said the same thing , if you apply before autumn the application will be considered under current laws, so my advice is apply before 21 september , as autumn usually starts at that time in the uk. And since the government said the laws will be introduced early autumn most likey they will come into effect in the last week of september or in the begining of october.

sam888
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Post by sam888 » Fri Jul 02, 2010 2:25 pm

zeddy zed wrote:
pepto wrote:I have also enquired about this recently and was told the same, that there is no English test required if you apply before autumn.
thats correct my lawyer said the same thing , if you apply before autumn the application will be considered under current laws, so my advice is apply before 21 september , as autumn usually starts at that time in the uk. And since the government said the laws will be introduced early autumn most likey they will come into effect in the last week of september or in the begining of october.
Hi

And what if the application is refused and the appeal takes place after autumn? will she then have to take an english test?

zeddy zed
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Post by zeddy zed » Fri Jul 02, 2010 5:31 pm

sam888 wrote:
zeddy zed wrote:
pepto wrote:I have also enquired about this recently and was told the same, that there is no English test required if you apply before autumn.
thats correct my lawyer said the same thing , if you apply before autumn the application will be considered under current laws, so my advice is apply before 21 september , as autumn usually starts at that time in the uk. And since the government said the laws will be introduced early autumn most likey they will come into effect in the last week of september or in the begining of october.
Hi

And what if the application is refused and the appeal takes place after autumn? will she then have to take an english test?

i was thinking about this as i will be applying in august. I believe if it goes to appeal even though the appeal may take place after autumn we would still be dealt under current law as we applied before the new rules take effect, so i dont think the english test would apply .

However if someone doesnt get an appeal for some reason and makes a fresh applictaion after autumn then they will have to take the test.

However if

jatinderw
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Post by jatinderw » Fri Jul 02, 2010 5:34 pm

If you apply before the new language requirements and and your visa is refused, if appealing then you will still come under the criteria from before the language rules are introduced.

In answer to your question no she will not need to IF she applied before the new rules.

BUT if she needs to apply again after the rules are introduced, then she WILL have to take the test/course.

hope that clears it up for you a bit

Wanderer
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Post by Wanderer » Fri Jul 02, 2010 6:02 pm

She'll still have to take the KOL test for ILR - so no escaping the English requirement in the medium term...
An chéad stad eile Stáisiún Uí Chonghaile....

alanakaja1980
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Post by alanakaja1980 » Sat Jul 03, 2010 12:35 am

Does everyone that applies for a visa need to take this test? My husband is a US citizen and speaks perfect English - would he have to take the test too?

lonelyhusband
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Post by lonelyhusband » Sat Jul 03, 2010 2:53 am

alanakaja1980 wrote:Does everyone that applies for a visa need to take this test? My husband is a US citizen and speaks perfect English - would he have to take the test too?
I was on the phone with UK immigration yesterday, they were unable to answer most of my questions however they did mention that my US wife would have to take the English test, hope this helps.

jatinderw
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Post by jatinderw » Sat Jul 03, 2010 9:33 am

http://www.ukba.homeoffice.gov.uk/sitec ... e-partners

Check the above link

Certain countries are classified as English speaking therefore will not have to take the test/course .. so lonelyhubband dont know who you were speaking to but clearly stated the US is indluded so your wife won't need to take it.

lonelyhusband
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Post by lonelyhusband » Sat Jul 03, 2010 12:39 pm

jatinderw wrote:http://www.ukba.homeoffice.gov.uk/sitec ... e-partners

Check the above link

Certain countries are classified as English speaking therefore will not have to take the test/course .. so lonelyhubband dont know who you were speaking to but clearly stated the US is indluded so your wife won't need to take it.
Thanks jatinderw, and my apologies to alanakaja1980 I hadn't seen that and was clearly given incorrect information from Immigration enquiry bureau on Thursday 2nd Jul 2010. Not the first time I have had incorrect information from immigration though. If I can find out our eligibility for her spousal visa after so long without physically being together then maybe we can file for ILR at same time then.

sam888
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Post by sam888 » Sun Jul 04, 2010 10:38 am

jatinderw wrote:If you apply before the new language requirements and and your visa is refused, if appealing then you will still come under the criteria from before the language rules are introduced.

In answer to your question no she will not need to IF she applied before the new rules.

BUT if she needs to apply again after the rules are introduced, then she WILL have to take the test/course.

hope that clears it up for you a bit
Hiya

thanks for all your informative answers. In the last few days i heard that HUman rights have won a case which means the english test for spouses no longer has to be taken? is this right?

bbbb
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Post by bbbb » Sun Jul 04, 2010 11:00 am

hi

it is true for some cases . the HO backtracked for asylum seekers' partners from what I read.

sam888
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Post by sam888 » Sun Jul 04, 2010 1:40 pm

bbbb wrote:hi

it is true for some cases . the HO backtracked for asylum seekers' partners from what I read.
oh ok, whats the source, is it on a website i can read?

bbbb
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Post by bbbb » Sun Jul 04, 2010 7:51 pm

here

Think u have to wait and see What will happen

newtoforum
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Post by newtoforum » Mon Jul 05, 2010 10:31 pm

jatinderw wrote:http://www.ukba.homeoffice.gov.uk/sitec ... e-partners

Check the above link

Certain countries are classified as English speaking therefore will not have to take the test/course .. so lonelyhubband dont know who you were speaking to but clearly stated the US is indluded so your wife won't need to take it.
This is crazy. I have been living in this country for over 7 years and have 2 degrees from uk university but if we get married and i apply for flr(m) I will have to take a basic english test? Typical govt.

Wanderer
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Ireland

Post by Wanderer » Mon Jul 05, 2010 10:50 pm

newtoforum wrote:
jatinderw wrote:http://www.ukba.homeoffice.gov.uk/sitec ... e-partners

Check the above link

Certain countries are classified as English speaking therefore will not have to take the test/course .. so lonelyhubband dont know who you were speaking to but clearly stated the US is indluded so your wife won't need to take it.
This is crazy. I have been living in this country for over 7 years and have 2 degrees from uk university but if we get married and i apply for flr(m) I will have to take a basic english test? Typical govt.
I do empathise but take a look in the Student and PSW fora here, seemingly populated by 'students'' who can hardly string one word together in English....

I honestly don't know how they get though their course, but of course many don't for reasons all to obvious with a quick dekko in the fora...
An chéad stad eile Stáisiún Uí Chonghaile....

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