Greetings to everyone.
I have got a query about new requirements which will be applicable when we apply ILR for my wife. Unfortunately, we are going to fall foul of new rules by exactly one day and hence the confusion. The UKBA website has nothing to clarify the requirements which apply in our situation. So seeking opinion of experts here.
My wife came to UK in Apr 2009 (after marriage) - on her own tier 1 visa. Not as my dependent. (She had been in UK before on Work Permit and Business visas but gaps had been large enough that she could not get those counted)
She then switched to Spouse Visa in Nov 2011. Her Residence permit expires on 25/11/2013 (Date is important). Now, earliest she can apply to get ILR is 28 Oct 2013 (28 days rule).
And that is the day, unfortunately, when new KoLL requirements began to apply. From this day onwards, one would supposedly need English Language B1 CEFR level as well as Life in the UK test pass certificate.
We are however not sure whether these requirements will apply in her case though. Different parts of website seem to give different information.
Application forms and Guidance notes for SET(M) are not yet updated since the requirements do not become mandatory till Oct 28.
However, I checked the dates for Cambridge ESOL etc online, the tests seem to have very limited availability and are conducted only once or so a month by many providers.
In many places, the website seem to apply those who have degree taught in English will not need to demonstrate ESOL level B1. At other places it says that it will not be needed by those who demonstrated at time of their Tier 1/Tier 2 applications.
My wife did get EC based on her degree deemed acceptable of course, and entered on base of that visa. But then switched category.
Summary, we are totally confused whether she will need to take the ESOL test or not.
She has the qualification which might mean she does not need to, but current visa category means she might need to, but again entered UK on basis of that qualification and having already proved/satisfied the English requirement. Problem gets more complicated because there seem to be only very few test dates available in 2 months we have got left - and UKBA is in no hurry to clarify further on their website
I tried to call up UKBA - but obviously after 90 minutes of being on hold - on 0870 number on my mobile - I gave up. Obviously I needed to report back to my desk at work too
![Sad :(](./images/smilies/icon_sad.gif)
Thanks in advance to anyone who can clarify
![Confused :?](./images/smilies/icon_confused.gif)