New English test requirement for Leave to Remain

[hsmp0804]

New rules (26 January 2012)
http://ukba.homeoffice.gov.uk/siteconte ... -2-5-1-elr

Any comments on this please?

1) As this announcement is for 'Leave to Remain' I hope this rules doesnt efftect ILR applications (even after 6 April 2012) and for ILR 'life in UK' test would still be sufficient?

2) For tier-1 (extensions) after 6 April 2012, would one of these english tests be mandotary http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf to apply?

2 a) So 'Degree taught in English' would not be sufficient even for people entered on HSMP?


Thanks.

[QuickSam]

From the first 2 paragraphs I was assuming that people having a degree taught in English would be okay but then the last line of the last paragraph just throws you off.

It appears that all the applicants need to pass an English language test in case they are applying for an extension after 6th April 2012.

Need more heads on this. Review and post ppl

26 January 2012

From 6 April 2012 we will be removing the provision for applicants in the UK to apply for permission to stay here (known as leave to remain) before they have taken or received the results of an English language test. This policy applies to applicants applying under Tier 1 (General), Tier 1 (Entrepreneur) and Tier 2 of the points-based system.

The concession was put in place when the English language requirement was introduced to allow migrants to make a visa application for leave to remain before they had taken an English language test or received the results at a time when availability of tests was not known.

Since the initial introduction of the English language requirement, English Llnguage test availability has increased and test providers have increased availability in-line with demand. Migrants should now be able to take a test in good time before needing to make a leave to remain application.

Applicants will continue to be able to take advantage of the concession for visa applications received up to and including 6 April 2012. Visa applications made after 6 April 2012 must be accompanied with evidence that applicants have passed an approved English language test.

[s_saini]

Degree taught in English is still available in Tier 1( general) Document list.

I think it apply to others.

[QuickSam]

I think it's still in the list because this has been declared yesterday. The forms, guidance and PBS calculator will only change after 6th April 2012.

What 'hsmp0804' wanted to know was whether this would be applicable to all?

[village]

HSMP0804

YOU HAVE MENTIONED THAT

As this announcement is for 'Leave to Remain' I hope this rules doesnt efftect ILR applications (even after 6 April 2012) and for ILR 'life in UK' test would still be sufficient?

-----
Could you please let me know difference between 'Leave to Remain' and ILR


HOPE BOTH ARE THE SAME.........so finally is it for Tier 1 General extension visas or or ILR ..the english exam is compulsary....?

[QuickSam]

The difference is 'Leave to remain' is definite, ie has an end date.

ILR on the other hand is 'Indefinite Leave to Remain' hence as the name goes it is indefinite, has no end date. You can only apply for ILR after completing a full 5 yr period in UK

I think this should make it clearer.

We are trying to understand what this means. This post came out yesterday so no one has any clue till date what this would mean for a Tier 1 applicant. We are trying to put our heads together and understand, what this is all about.

[village]

sam,
So the above rile that is english test is for.....Tier general extension visas?

[QuickSam]

If you read the lines in red carefully, you don't need an answer.

This is applicable to Tier 1 (General), Tier 1 (Entrepreneur) and Tier 2 of the points-based system.

[manojk005]

It is very likely that this applies to Tier 1 (General) extension as there is no initial application now. Given the track record of current UK government, they will try their best to make migrant's life difficult here and milk as much as they can. Also, it serves businesses offering these tests very well in recession. So in every likelihood, it will apply for extension. However, it is worthwhile contacting UKBA to confirm this.

[Greenie]

If you read the information posted it is clear that the only change is the removal of a concession that those who are required to take an English language test can apply for leave to remain before they have taken the test and before they have the results. They will now need to provide the prescribed evidence they have passed the test with the application. This does not mean that a person who otherwise satisfies the English language requirement for example by having a degree taught in English will now mean they have to take a test instead. The change is only to remove uf concession as set out in the relevant sections of the policy guidance as indicted in the news item.

The change is also not relevant to those applying for ilr.

[ameen_ahnaf]

If i make a postal application for Tier 1 G extension, should I make it before 5th April 2012 ? It may not reach UKBA by 6th, but i think the post date is what matters, right ?

[boonkoh]

If you read the information posted it is clear that the only change is the removal of a concession that those who are required to take an English language test can apply for leave to remain before they have taken the test and before they have the results. They will now need to provide the prescribed evidence they have passed the test with the application. This does not mean that a person who otherwise satisfies the English language requirement for example by having a degree taught in English will now mean they have to take a test instead. The change is only to remove uf concession as set out in the relevant sections of the policy guidance as indicted in the news item.

The change is also not relevant to those applying for ilr.

Thanks Greenie - you have posted exactly what my thoughts were, but much more eloquently and concisely!

This announcement only applies to you if you need to take an English language test to satisfy your application in one of those categories.

[askhan]

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

From the above notes its clearly said, people who are holding British Degree they dont need to get English test.


check para 130 to 139

[ammaralvi]

Not sure how this will affect people who already fulfilled this requirement during initial application. For example, a person who provided IELTS during initial application for proof of English language ability, would they need to take, say for instance, another IELTS test to prove it again (considering they don't fall under degree taught in English)? Can you guys please shed some light?

[smartkhan]

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

From the above notes its clearly said, people who are holding British Degree they dont need to get English test.


check para 130 to 139

131. An applicant meets the English
language requirement, without the need to
provide evidence, if he/she was last given
permission to stay in the United Kingdom:
• under Tier 1 (General) and is applying for
an extension of leave to remain; or
• as a Highly Skilled Migrant Programme
participant under the Immigration Rules
which came into force on 5 December
2006 and is applying for an extension of
leave to remain under a Tier 1 category.

[ashehzi]

Hi,
This is what is taken from existing document. We don't know if this would remain the same document after 06-April-2012 and allow same condition as you stated.

http://www.ukba.homeoffice.gov.uk/sitec ... idance.pdf

From the above notes its clearly said, people who are holding British Degree they dont need to get English test.


check para 130 to 139

131. An applicant meets the English
language requirement, without the need to
provide evidence, if he/she was last given
permission to stay in the United Kingdom:
• under Tier 1 (General) and is applying for
an extension of leave to remain; or
• as a Highly Skilled Migrant Programme
participant under the Immigration Rules
which came into force on 5 December
2006 and is applying for an extension of
leave to remain under a Tier 1 category.

My Tier-1 (General) 02 years initial "Leave to Enter" is finishing on 01-Jun-2012. When I got my Tier-1 back in May 2010, at that time, I provided IELTS General Test Report and ofcourse, it is expired now. I was thinking to apply during the last week of April this year but I need an advice if I should apply before 06-Apr-2012 in case this rule comes into force without keeping in view that people like me already submitted IELTS when taking initial Leave to Enter.

regards

[Greenie]

Please read my post above, and please also read the UKBA announcement.

There is no new English language test requirement. The only change is that the concession allowing applicants who are required to take an English language test to apply before the had taken the test or before they had recieved the tests has been taken away.

if you have previously been granted leave as a Tier 1 migrant,

you do not need to take an English language test for a tier 1 G extension application.

See appendix b in addition to the relevent section of the policy guidance which you have already quoted.

[ramesh1]

Greenie it means no new test requirement for those people who are already in UK on Tier-1 who want to extend it because they have already proved their English Skill during their Initial Application?

During my intial application I have taken IELTS test and provided that as evidence to obtain 10 mandatory points and now i am in UK working for the past 2yrs and planning to go for ext.

As the IELTS which I have used for my Initial application obviously expired. So should I take it once again during my application for Ext?

It does not look Logical to me. Already proved the requirement and already working in the UK and now again want to provide Evidence.

Pls make it clear for the applicants who used IELTS test during their initial application so that I will try to apply before 6-Apr.

[Greenie]

I believe I have already made it clear.

[ramesh1]

if you have previously been granted leave as a Tier 1 migrant,

you do not need to take an English language test for a tier 1 G extension application.--->Greenie


So if already you are in UK and working using Tier-1 G migrant visa irrespective of if you have used IELTS or Degree taught in english during your initial application in both these cases there is no need to provide the evidence again during your tier-1 ext application?

Am I right? Sorry as a child I am asking the same question but sorry I am just bit nervous and thought of applying it before 6-Apr-2012 for my ext.