ILR - English requirement (Tier 1 General)

[kmunir]

Hi,

I entered UK on Tier1 General Visa (main applicant) and am going to apply for ILR in a few days. I have now got confused with the new English Requirement that has been enforced since 28th October 2013. I am applying with my wife who has been a Tier 1 (General) Dependant since day 1. She has already had the test taken, what I am confused about is myself. Do I need to take a test again? I have already proven my English language skills as part of my initial Tier 1 application. I clearly remember that one of the policy documents I saw a in December stated quite clearly that a person is exempted if he/she has already demonstrated his english language skill in a previous application but Home Office have changed their website and I cant find that document anywhere on their site now. I have also seen people with Tier1 (General) (main applicant) detailing that they have done the English Language test for their ILR application. Why do we need to do something again without which we could not have obtained the Tier1 visa anyway? Can someone clear out this confusion by quoting the exact requirement and exemptions. I will try to find that policy document as well which I went through some time ago.

Thanks

[ScopeD]

Can i just ask if you have taken the Life in The UK Test?

[kmunir]

Hi,

Yes Me and my wife we both have taken the LiUK test, my wife already taken the English test and only thing I am confused about is the English tets. Do i need to give it again whereas I already used IELTS certificate with my initial Tier1 application to demonstrate English language knowledge. I have found 1 document though https://www.gov.uk/government/uploads/s ... t-koll.pdf which on page 5 states that

This will help ensure that all those needing to take a test will be able to find one suitable for their needs and, so far as possible, that 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.

I think I am feeling slightly better after reading this but I could not find a reference to this exemption in any actual policy document on the Home Office website now which is quite strange.

Can anyone else confirm about this?

Regards

[bosyy]

See 2.2. (b) (ii) here:
https://www.gov.uk/government/uploads/s ... x_KOLL.pdf

"2.2 <...> an applicant has sufficient knowledge of the English language if:
<...>
(b) the applicant-
(i) has limited leave to enter or remain in the UK, and
(ii) that leave (or a grant of leave which preceded it provided any periods of leave
since have been unbroken) was given on the basis that the applicant had an
English language qualification at a minimum level of B1 on the Common European
Framework of Reference for Languages."

[kmunir]

See 2.2. (b) (ii) here:
https://www.gov.uk/government/uploads/s ... x_KOLL.pdf

"2.2 <...> an applicant has sufficient knowledge of the English language if:
<...>
(b) the applicant-
(i) has limited leave to enter or remain in the UK, and
(ii) that leave (or a grant of leave which preceded it provided any periods of leave
since have been unbroken) was given on the basis that the applicant had an
English language qualification at a minimum level of B1 on the Common European
Framework of Reference for Languages."

Many thanks I can now go ahead with my application without worrying about this thing

Regards

[bred]

That link has been superseded by this one from 24th February 2014: https://www.gov.uk/government/uploads/s ... 4.0EXT.pdf

The 24th February version does not mention that being granted time restricted leave to remain in a previous application on the basis of having an English language qualification (IELTS in our case) is acceptable. Therefore my partner and I are a bit worried about this. Also, the IELTS qualification is only supposed to be valid for 2 years and my partner took the test in 2008. We hope it is not necessary to take the test again but not sure. We will apply for ILR next month...

[kmunir]

That link has been superseded by this one from 24th February 2014: https://www.gov.uk/government/uploads/s ... 4.0EXT.pdf

The 24th February version does not mention that being granted time restricted leave to remain in a previous application on the basis of having an English language qualification (IELTS in our case) is acceptable. Therefore my partner and I are a bit worried about this. Also, the IELTS qualification is only supposed to be valid for 2 years and my partner took the test in 2008. We hope it is not necessary to take the test again but not sure. We will apply for ILR next month...

Hi,

Just had my ILR approved yesterday and my old IELTS certificate (the one I used in my initial Tier 1 application and almost 6 years old) was acceptable. So if you have already proved english skills as part of previous application, you do not have to take an exam again. This was made quite clear in the statement of intent and was mentioned like this : to make sure that no applicant who has already proven his english language as part of a previous application has to sit in for another exam... So its quite clear if you have already provide something to UKBA before as part of previous application, no need to prove again.

Regards

[skilled_migrant]

Hi Kmunir,

I have bit of different issue. I did IELTS when I applied for entry clearance in 2008. Now that IELTS original certificate is lost. But I have photocopy of that certificate.

Will the photocopy only be sufficient?

I got Home Office letter from the time when I applied for extension stating "You have been awarded 10 points each for Knowledge of English and Maintenance funds". Will that statement enough to prove that I have already proved knowledge of language?

Any expert can comment please !

[kmunir]

Hi,

This is a bit tricky I think. I personally feel that I should not have needed to attach the IELTS certificate but so as I had it. I think it is better to send an email to Home Office and confirm if they would need the original or its not needed as you have already proven your skills in previous application. If they absolutely need the certificate (which I dont think would/should be the case), then you might have to give another exam as you cannot get a duplicate/copy of your test report form or TRF after 2 years of the test. Better to send Home Office an email and find out.

Regards

[skilled_migrant]

I sent an email to ukbanationalityenquiries@ukba.gsi.gov.uk about 20 days ago, still no reply.

[sky2020]

Use : KnowledgeOfLifePolicyQueries@homeoffice.gsi.gov.uk

I got response within week time.

Thanks

S

[bred]

KM, many thanks for your reassurance on this matter from your personal experience, most appreciated.

Brendan

[sundance_kid_750]

Hi,

I am on Tier 1 as a dependent, I have my ILR this September.Please could you tell me if I have to re appear for my IELTS again as my score expired in Feb. 2014.Will I still need to get a fresh score to prove my English levels or will my last score be considered? Also I have not registered my score during my visa extension.And also if I should get a UK NARIC on my degree?

Thanks.
PS

[zwadi]

Please see response from home office :


"Yes you will need to provide evidence of the English language requirement. The Home Office will accept an expired IELTS certificate, providing that we have seen this for a previous grant of leave."

[LondonStrawberry]

Hi

I am on TIER 1 (General), My ILR is due now. I am only bit confused about English Language requirement that my IELTS has expired now. Do I need to do it again for ILR? I have read the blogs and Home Office docs related to English Language and Life in UK requirements but not 100% clear whether I have to do IELTS again or not for ILR. I have already done my Life in UK test. Please guide me regarding Language requirements.

Thanks

[zuencap]

I also have only a photocopy of my IELTS certificate like "skilled_migrant". Does anyone know if they accept that?
Thanks

[aquilarjelu]

Hi!

I have the same problem wheter the home office accepts IELTS TRF photocopy only. Please advise.

Thanks.

[sprof]

I don't even have a copy of my original IELTS certificate back from 2010 - all is lost!

But this requirement doesn't make any sense: if they say that one needs to present "the same certificate used for initial (entry clearance) application" - that means they still have a detailed record of what was used then. Why do they need to see same certificate again?