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SET (M) Language Requirements after FLR (M)

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endivolac
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Posts: 14
Joined: Wed Jan 18, 2012 1:24 pm

SET (M) Language Requirements after FLR (M)

Post by endivolac » Tue Jul 02, 2013 1:18 pm

Hi all, was wondering if someone may be able to help with this query.

I live in the UK with my husband on a FLR(M), one year to go until I can apply for settlement under SET(M). To qualify for the FLR(M) I had to show my language ability which I did using an IELTS test certificate.

I was wondering if I will have to prove I still know English to the required level again for the SET(M)?

The situation is complicated by two things:

1. The UKBA is changing settlement requirements from Oct 2013 so you need BOTH Life in UK Test and Language requirement documentation.
2. My original IELTS is only valid for 2 years (missing my probable SET(M) application submission date).

The UKBA website states in the changes in 2013 that if you have proven your English for one visa, you would not need to for the next. BUT, by the time I apply for SET (M), my IELTS will no longer be valid, but it was valid to gain the FLR (M) I am currently on.

If the UKBA was sensible, they should see that since the IELTS was valid for my first visa, it follows that I do not need prove it again. But the fact my IELTS will not be valid worries me. My previous experiences with the UKBA have left me highly skeptical of their ability to deal with anything slightly non-standard.

I very much appreciate anyones time to help with with this query!

Thanks!

FaFa9660
Newly Registered
Posts: 18
Joined: Mon Aug 24, 2009 3:31 pm
Location: UK

Re: SET (M) Language Requirements after FLR (M)

Post by FaFa9660 » Thu Jul 25, 2013 3:57 pm

endivolac wrote:Hi all, was wondering if someone may be able to help with this query.

I live in the UK with my husband on a FLR(M), one year to go until I can apply for settlement under SET(M). To qualify for the FLR(M) I had to show my language ability which I did using an IELTS test certificate.

I was wondering if I will have to prove I still know English to the required level again for the SET(M)?

The situation is complicated by two things:

1. The UKBA is changing settlement requirements from Oct 2013 so you need BOTH Life in UK Test and Language requirement documentation.
2. My original IELTS is only valid for 2 years (missing my probable SET(M) application submission date).

The UKBA website states in the changes in 2013 that if you have proven your English for one visa, you would not need to for the next. BUT, by the time I apply for SET (M), my IELTS will no longer be valid, but it was valid to gain the FLR (M) I am currently on.

If the UKBA was sensible, they should see that since the IELTS was valid for my first visa, it follows that I do not need prove it again. But the fact my IELTS will not be valid worries me. My previous experiences with the UKBA have left me highly skeptical of their ability to deal with anything slightly non-standard.

I very much appreciate anyones time to help with with this query!

Thanks!
Hope someone can reply your case as i also in the same situation! I passed my LITUK but still not sure should i sit for the ESOL or not......

ngalways
Newly Registered
Posts: 2
Joined: Fri Jul 22, 2011 4:42 pm

Post by ngalways » Fri Oct 25, 2013 7:58 am

Following the information UKBA gives on the website - the already submitted valid English language qualification, which was above B1 level on all parts, for the FLR(M) application should be suffice as the applicant has already "demonstrated" his/her English language ability regardless the validity of such qualification at the time of applying for the SET(M). However, the definition of demonstration of the English language ability for such exemption does not appear to be extremely clear particularly not for a case mentioned at the beginning of this thread by endivolac.

In the Changes to the knowledge of language and life requirements for settlement or naturalisation document http://www.ukba.homeoffice.gov.uk/sitec ... hip/kol-uk :
If you already have a qualification at B1 level
Applicants who already have an English language qualification at B1 level or above will not be
required to take another one. For example, someone who demonstrated a knowledge of English
equivalent to B1 level when applying for entry clearance will not be required to take a further test in
order to qualify settlement.
In the Statement of Intent of KOLL April 2013:
No one who already has an English language qualification at B1 or above will
be required to take another one. So, for example, a person applying for settlement as a Tier 2
(General) migrant who has already demonstrated a knowledge of English equivalent to B1 level in
order to qualify for entry clearance, will not have to take a further test at settlement stage.
So is there anyone has a sure answer to the endivolac's question?

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