Settlement Visa for Spouse of British citizen.

[Tanoshi]

A UK friend is preparing a Visa application for his Thai wife to join him to settle in the UK.

He seems clear on the procedure but has two questions, that I cannot help him with.

His wife is a friend of my wife and I suppose he thought I might know because I'm living in Thailand.

 

1. It states when you complete the online application you will be told where to submit the application.

He'd like to know in advance where that is?

In person at the VFS or by post to the UK.

 

2. His wife previously resided in the UK from 2005 - 2013.

She held a residency permit but she never applied for ILR.

Her continued stay was by way of extensions (FLR) until 2011 when a further application was refused because she didn't hold an approved English language certificate.

He appealed and whilst waiting for a hearing she attended college and obtained an appropriate certificate.

At the hearing the certificate was produced and the judge overruled the UKVI.

She left the UK early 2013 to return to Thailand to purchase land and build a house.

 

He would like to know if that English certificate would still be valid for the application.

 

Thanks in advance.

[rasg]

Which language certificate does she have?

[Tanoshi]

Just acquired a copy of her English certificate if it helps.

 

 

Edited September 10, 2018 by Tanoshi

[rasg]

According to the following link it only lasts 2 years. If you use an A1 pass for a settlement visa you can also use it for the first FLR assuming you get married in the UK.  The new rules that were introduced last year mean you need A2 for the second FLR if you get married in the  UK. If you get married in Thailand A1, is needed for the settlement visa and A2 for FLR (one period).

 

It looks like she will have to take it again. At £150 a pop UKVI do very well out of it.

 

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-o-approved-english-language-tests

 

VFS is the place to submit the visa application itself but all supporting documents have to be sent to Sheffield. If you take a language test you no longer even need to submit a certificate as UKVI access it online.

[millwall_fan]

6 hours ago, rasg said:

According to the following link it only lasts 2 years. If you use an A1 pass for a settlement visa you can also use it for the first FLR assuming you get married in the UK.  The new rules that were introduced last year mean you need A2 for the second FLR if you get married in the  UK. If you get married in Thailand A1, is needed for the settlement visa and A2 for FLR (one period).

 

It looks like she will have to take it again. At £150 a pop UKVI do very well out of it.

 

https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-o-approved-english-language-tests

 

VFS is the place to submit the visa application itself but all supporting documents have to be sent to Sheffield. If you take a language test you no longer even need to submit a certificate as UKVI access it online.

That is unbelievably unfair,-- if you have an English language certificate, yo don't forget that English in 2 years! This is just another ploy to stop legitimate migration by the spouses of legitimate British citizens. 

[Tanoshi]

8 hours ago, rasg said:

VFS is the place to submit the visa application itself but all supporting documents have to be sent to Sheffield. If you take a language test you no longer even need to submit a certificate as UKVI access it online.

Thanks, I'd heard as much but wasn't 100% sure.

I think his plan was for his wife to send her documents to him in the UK, where he can attach his documents and post it from within the UK.

 

8 hours ago, rasg said:

According to the following link it only lasts 2 years. If you use an A1 pass for a settlement visa you can also use it for the first FLR assuming you get married in the UK.  The new rules that were introduced last year mean you need A2 for the second FLR if you get married in the  UK. If you get married in Thailand A1, is needed for the settlement visa and A2 for FLR (one period).

That's a bummer!

I've been reading through some of the 'sticky' topics at the top.

7 by 7 posted the following letter from his MP regarding English language certificates.

https://www.thaivisa.com/forum/topic/524561-uk-settlement-visa-basics/

 

Quote

Thank you for your email correspondence of 30 December regarding the English language requirements for leave to remain and settlement applications.

I am sorry about the conflicting and incorrect information you have received regarding the expiry of English language tests. Our email of 16 December was incorrect. I can confirm that an expired A1 English language certificate can be provided for further leave to remain (LTR) in the UK as a spouse but not for LTR under the points based system.

An expired A1 or B1 certificate can also be provided for settlement and naturalisation applications. All certificates must be originals and issued by a valid provider as given on our list of providers which is subject to change.

So this above information would now appear to be outdated?

[Tanoshi]

8 hours ago, rasg said:

It looks like she will have to take it again. At £150 a pop UKVI do very well out of it.

Any help, links, as to where she can retake the test in Thailand.

[varun]

1 hour ago, millwall_fan said:

This is just another ploy to stop legitimate migration by the spouses of legitimate British citizens. 

Not really, they're just greedy.

All standardized English proficiency tests (TOEFL / IELTS / TESOL) have always been cash cows.

I don't think Isaan bumpkin spouses migrating to the UK are being singled out.

The test-prep and standardized testing market (esp. for English proficiency) is a well-oiled machine that is recession-proof.

 

[brewsterbudgen]

1 hour ago, Tanoshi said:

Any help, links, as to where she can retake the test in Thailand.

IDP in Silom do A1 and B1 Life Skills tests (but not A2).

 

https://www.ielts.idp.co.th/ielts_life_skills.aspx

 

She can also do at the British Council.

[7by7]

5 hours ago, Tanoshi said:

7 by 7 posted the following letter from his MP regarding English language certificates.

https://www.thaivisa.com/forum/topic/524561-uk-settlement-visa-basics/

 

Quote

Thank you for your email correspondence of 30 December regarding the English language requirements for leave to remain and settlement applications.

I am sorry about the conflicting and incorrect information you have received regarding the expiry of English language tests. Our email of 16 December was incorrect. I can confirm that an expired A1 English language certificate can be provided for further leave to remain (LTR) in the UK as a spouse but not for LTR under the points based system.

An expired A1 or B1 certificate can also be provided for settlement and naturalisation applications. All certificates must be originals and issued by a valid provider as given on our list of providers which is subject to change.

So this above information would now appear to be outdated?

No.

 

You cannot use expired certificate for the initial visa application; and never have been able to.

 

However, what that letter confirms is that an expired language certificate can be used in an LTR application, provided it has been used previously in a successful visa or LTR application; and, of course, it is of the required grade.

 

5 hours ago, Tanoshi said:

Any help, links, as to where she can retake the test in Thailand.

The list has recently been updated; see here. Those in Thailand are on page 14. 

 

7 hours ago, millwall_fan said:

That is unbelievably unfair,-- if you have an English language certificate, yo don't forget that English in 2 years! This is just another ploy to stop legitimate migration by the spouses of legitimate British citizens. 

A1 is extremely simple and basic; if you pass it but then don't speak English for two years it is completely plausible that your English ability has dropped to zero!

 

You may say that the holder has been using their English during that period; but UKVI don't know that!

 

 

 

 

 

[millwall_fan]

If you learn a foreign language you dont forget it after a couple of years! You may get a little rusty but its always with you. Unless you catch amnesia you dont forget language you acquire.  In point of fact though, I was referring to the costs involved: the trip to Bangkok and I believe the 8,000 Baht cost.

[millwall_fan]

8 hours ago, varun said:

Not really, they're just greedy.

All standardized English proficiency tests (TOEFL / IELTS / TESOL) have always been cash cows.

I don't think Isaan bumpkin spouses migrating to the UK are being singled out.

The test-prep and standardized testing market (esp. for English proficiency) is a well-oiled machine that is recession-proof.

 

OK, your cynicism takes a different line to mine!  

[dallen52]

10 hours ago, Tanoshi said:

Thanks, I'd heard as much but wasn't 100% sure.

I think his plan was for his wife to send her documents to him in the UK, where he can attach his documents and post it from within the UK.

 

That's a bummer!

I've been reading through some of the 'sticky' topics at the top.

7 by 7 posted the following letter from his MP regarding English language certificates.

https://www.thaivisa.com/forum/topic/524561-uk-settlement-visa-basics/

 

So this above information would now appear to be outdated?

I've just returned from the north of England and I can honestly say that the vast majority of people who now reside there do not speak English,  nor would they hold the equivalent certificate required for a thai wife..

 

I was told it wouldn't be easy for me to get married in the UK again. 

My thai partner would breeze the test, written and spoken. 

But I think she will say stuff that.!!

 

It was too easy back in 1971.

[rasg]

41 minutes ago, dallen52 said:

It was too easy back in 1971.

How times have changed...

[bobrussell]

Not sure if the time limit was related to the abuse of the system that was far from unheard of. Exams where the answers were read out to the candidates! Made BBC Panorama.

If the test did not have an expiry then ancient ones could be used. If you decide to put a time limit then what should it be? 2 years? 5 years?

A two year validity keeps the system fairly up to date and they could make the applicant take a further test for FLR. Thankfully they don't until ILR where the level only goes up a bit.

[rasg]

1 hour ago, bobrussell said:

A two year validity keeps the system fairly up to date and they could make the applicant take a further test for FLR. Thankfully they don't until ILR where the level only goes up a bit.

 

They do if I read you correctly.

 

You need A1 for the settlement visa and the first FLR if you marry in the UK and A2 for the second. If you marry in Thailand, A1 for the settlement visa and A2 for FLR. 

[7by7]

7 hours ago, millwall_fan said:

If you learn a foreign language you dont forget it after a couple of years! You may get a little rusty but its always with you. Unless you catch amnesia you dont forget language you acquire.  In point of fact though, I was referring to the costs involved: the trip to Bangkok and I believe the 8,000 Baht cost.

A1 is not learning the language; far from it!

 

A1 is a beginner who

• can understand and use familiar everyday expressions and very basic phrases aimed at the satisfaction of needs of a concrete type,
• can introduce themselves and others and can ask and answer questions about personal details such as where he/she lives, people they know and things they have,
• can interact in a simple way provided the other person talks slowly and clearly and is prepared to help.

Someone who had such a basic level can quite easily lose it if they have not used the language for some time.

 

[7by7]

1 hour ago, rasg said:

 

They do if I read you correctly.

 

You need A1 for the settlement visa and the first FLR if you marry in the UK and A2 for the second. If you marry in Thailand, A1 for the settlement visa and A2 for FLR. 

Plus B1 and the LitUK test for ILR and citizenship