UK Language Test Certificate - Advice please

[corum99]

Hi,

My wife will be applying for her FLR in a few months.
When we applied for her LTR the language requirement was for ESOL A1. She had an ESOL A2 level certificate from an approved test centre which was accepted at that time.
The requirements have now changed such that ESOL A2 is required, however they have also changed the list of approved test centres for tests taken after April 2017 and and the list no longer includes the centre at which the test was taken back in 2012.

So although she already has ESOL A2, Is her original certificate likely to be rejected when applying for FLR due to the change in approved test centres, or will the UKBA still honour the original certificate?

Thanks.

[legalalien]

hi, I am no expert but from FLR SE 32D
Your wife won't need another test as it was accepted on previous application and at A2 level:

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 will 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 it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
(i) the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of these Rules applies, as well as any previous period of overstaying where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or 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 will 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 it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
(i) the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of these Rules applies, as well as any previous period of overstaying where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied) 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.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.

[corum99]

Thanks,

That sounds promising but we'll probably use UK NARIC to confirm a bit closer to the time.
Although the UKBA accepted the certificate for LTR, they were only looking for ESOL A1. They might argue that as it was never accepted as an A2 level certificate it is not valid this time around, although I think that would be a bit unfair.

[legalalien]

You are correct if it is not above The level required they won't accept it so go via degree route to be on the safe side