Advice on language test for reapplying spouse?

[general]

Hi all, I am a newbie and need some advice and apologize in advance if this is in the wrong section. I am really worried that my wife will be refused her spouse visa because she overstayed for 6 years with my son and returned voluntarily on her own expenses. We have lived abroad for 5 five years and I am a BC and so are 3 of my children. The language test worries me because her english is weak but she can understand very well. We have been married for 15 years. I have my own home and about 10-15k sterling. If I meet the general requirements like sufficient funds, good salary (1500/m) will she allowed to join me and her children in the UK.

My eldest son is 14 will he be eligible for a British passport as I am a BC by decent under section 5 of the British Nationality act 1948.

I read somewhere that under some EU law the language test can be overlooked under human rights. Please can someone tell me if it will be possible for my wife to get entry clearance, I can't bear to see my wife separated from her children and vice versa.

Thankyou

[batleykhan]

She will have to take the English test if and when she applies for spouse entry clearnce of she is from outside EU.

It is unlikely she will be exempted from this.

The English test is not very hard. If your wife has lived in UK for 6 yrs and she has not learned enough English, then you only have yourselves to blame.

Somwhere on this forum there is a post which gives you examples of what is involved in these tests. Look for it and read it. It may help you

[general]

Thanks for the quick response batley,,, well we do really have ourselves to blame,, went through some hard times and a mental illness for many years, still grateful that our marriage is still intact and healthy again. I read somewhere Applying to settle in the UK as a partner comes under 287 or 295G, and uses the form SET(M). The English test is not applicable to applications under 287 nor 295G because neither 287 nor 295G are referenced in the Statement of Changes CM 7944.... Please can someone explain this and how this relates to my circumstances.

And the fact that she has 3 BC children,,, where does the human rights thing under EU law applicable.


Thankyou once again for your advice and quick responses.

[general]

Also my son who also resided in the uk was schooled there aswell before he left and was schooled here in an English medium school, he can read write and speak fluent english he 14 years old. will he be required to take the language test also, he is endorsed on the mothers passport.


Thanks in advance.

[batleykhan]

If your wife is applying from abroad read this

http://www.ukvisas.gov.uk/en/ecg/settlement/spouses

This is the form she will need to complete

http://www.ukvisas.gov.uk/resources/en/ ... 3073/vaf4a

These are the Immigartion rules
http://www.ukba.homeoffice.gov.uk/polic ... _partners/

[Study786]

The UKBA English language test is very basic and easy to pass for a person who has some primary level of school education in Bangladesh. And if your wife has not done that and cant speak/understand basic English then please ask her to start taking some language classes in Bangladesh. I hope she will learn and pick up quickly as she has spent 6 years in England aswell.

Please go through this page to find out what this English test is like:
http://www.coex.org.uk/samples.html

To find out any UKBA approved exam centres in your country:
http://www.coex.org.uk/cieltExam.php

Thanks

[general]

Batley thanks once again for your quick response I really appreciate it. The links you have given have been really helpful, I have kind of got the gist, the language barrier is the most worrying for me and the wife due to the wife being totally illiterate. I'm trilingual and can read write and speak 3 languages and read a fourth language with alittle understanding (arabic).

I was reading about the article 8 right to family life and how the ECO might overlook the language barrier due to my eldest son being endorsed on her passport and meeting the requirements for the English language requirement, after living abroad for 5 years he's still got his yorkshire accent lol! whilst my other 3 have kind of got a mixed asian/yorshire/american kind of accent. I think this language requirement is a good thing and will help for integration of migrants, but should not be a prerequisite for spouse visas (leave to enter) and should be required for (ILR).

Is there a thread where some has actually had experience with the A1 test and how it is conducted and what type of questions are asked so I can prepare the Mrs.

Thanks once again!!!

[general]

Hi ,,, Well its 24/7 english and the kids are helping aswell, she's catching on quick.


I have another Q and would really appreciate it if someone who has alittle knowledge can give some advice. The thing is I would like the wife with 1 son (14years) to make the application and then go back to the uk all together. I have my own home which is a 6 bedroom house and just my brother sister and parents live in it. we have been living abroad for past 5 years as a family. apart from the Eng language test this is the list of things the wife will provide for her settlement application as supporting documents/evidence.

1:A letter of job offer for me to get back into work when we move back to the uk.

2:15-20k sterling. This money is from property I have sold which was in my name.( shall I put this money in my wifes account?)


3: Accommodation report.

4:Passport copies of 3 BC children as well as mine.

5:original marriage cert with certified English translation.

6:Eng lang test cert .


Please can someone advise me as to what else can we provide that can help, and what are the chances of refusal.

Thanks everyone!!

[general]

Sorry forgot to mention something. My wife's brother has gifted some property to my wife and that is also up for sale and we plan to convert the money to pounds and show that as evidence that she will be able to support herself without recourse to public funds. the property is worth about 10k sterling. So the total amoount shse will be showing will exceed 25k. I have all the evidence of ownership of these properties and sales and purchase aswell.

Thankyou.

[general]

Came across this whilst looking for info on the English language test. it is really usefull. Hope alot of people benefit from this.

http://ielts.org/teachers.aspx


click the listening and reading and download the pdf files. These will give you some idea of how to prepare and what to expect in the test and how they are conducted.

If anyone has any knowledge of how the tests are conducted in Pakistan please share.

I have a Q my wife can't read or write english but Inshallah her spoken english and listening will be ok as she spent 7 years in uk. Does anyone know will she ned to be able to read and write to take the English exam and meet the minimum A1 requirement?

Thanks

[shadhk]

I am in almost same circumstances. We are origin from Pakistan, live in Hong Kong for more then 15 years, and we have four childrens, I always encourage my wife to learn chinese language, she have learn chinese for basic communication, now when I got BC and decided to move to UK I am telling her that she must need to learn English if she want to live with me and children in UK. And she is struggling big time.

I strongly believe that the english language test should be mandatory for ILR and BC.