Post
by dmacm01 » Wed Dec 16, 2015 6:59 pm
FLR M changers 19 nov 2015
hi, I'm currently in the process of checking my wife's application to discover a new form were up dated on the 19/11/2015 version 11/15 which hasn't gave me much time with my premium service appointment booked for 27/11/15, to my discovery there's a change to the form where an approved English test is required called SELT with limited approved centres, what the form don't explain is if its possible to still use the ESOL she passed in February this year,
I was under the impression that any approved English Test taken for the the first spouse settlement visa was acceptable for the second half of the 5 year route..ie..Further Leave to remain..even though it was not recognised now for new applicants....ie..If you had an A1 test for your first spouse visa it was acceptable whatever it was..please can anyone advise if the ESOL can be used or will she need the SELT very quickly.
Yes, this still is the case. You are allowed to use the "old" English Language test pass if it was used as part of a previous successful settlement visa application.
The Immigration Directorate Instructions Appendix FM Section 1.21 English Language Requirement (November 2015) has just been updated following last week's Supreme Court ruling that the English Language requirement is lawful. The Supreme Court did, however, indicate that there were issues with the guidance for this requirement which HM Government has been remarkably swift to address!
The good news is that page 10 of the updated Appendix FM Section 1.21 (November 2015) states:
"2.5. Applicants who already have a test certificate or result
A partner or parent applying for leave to enter or leave to remain is not required to provide evidence of meeting the English language requirement if they have done so as part of a successful previous application as a partner or parent. Paragraph 32D of Appendix FM-SE provides for when this earlier test certificate or result can and cannot be used."
Appendix FM-SE was updated on 20th November 2015, and Paragraph 32D states:
"32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker may accept that certificate or result as valid if it is:
(a) from a provider which is no longer approved, or
(b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
(c) from a test centre which is no longer approved, or
(d) past its validity date (if a validity date is required under Appendix O), provided that when the subsequent application is made:
(i) the applicant has had continuous leave (disregarding any period of overstaying of no more than 28 days) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix."
We just went through this process and I was in the same boat as you. I rang the Home Office and checked. You can use the old test if it was part of a previous application. I know others have also said this but I thought I would give an extra piece of reassurance!
