Wife Failed Esol Level 1 Exam Can She Still Apply For Flr (M) Under The New Rules?

[riceboy66]

Hi

My Thai wife is in the UK on 2 year settlement visa in which time she has done a ESOL Level 1 course at college but failed the test which is a mystery to me?

Time is running out on her visa which runs out in February 2011 and she can't do another course at college as visa runs out before June 2011.

She can't apply for an ILR. So can she still apply for a FLR? Under the new rules which come into effect on 29 November 2010 as follows.

Compulsory English language tests will be introduced for non-European migrants applying to come to the UK to join or marry their settled partner, the UK government announced today.

From autumn 2010, they will need to demonstrate a basic command of English which allows them to cope with everyday life before they are granted a visa.

The new rules will apply to anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or prospective civil partner of a UK citizen or a person settled in this country. They will be compulsory for people applying from within the UK as well as visa applicants from overseas.

Home Secretary Theresa May said:

'I believe being able to speak English should be a prerequisite for anyone who wants to settle here. The new English requirement for spouses will help promote integration, remove cultural barriers and protect public services.

'It is a privilege to come to the UK, and that is why I am committed to raising the bar for migrants and ensuring that those who benefit from being in Britain contribute to our society.

'This is only the first step. We are currently reviewing English language requirements across the visa system with a view to tightening the rules further in the future.

'Today's announcement is one of a wide range of measures the new government is taking to ensure that immigration is properly controlled for the benefit of the UK, alongside a limit on work visas and an effective system for regulating the students who come here.'

Anyone wishing to come to the UK as a partner will need to demonstrate basic English at A1 level, the same level required for skilled workers admitted under Tier 2 of the points-based system.

A partner coming to the UK from outside Europe will need to provide evidence with their visa application that they have passed an English language test with one of our approved test providers.

Under the current rules, people applying for visas as partners must already meet a range of criteria before being allowed to enter the UK. All applicants must show that their marriage or partnership is genuine, and that they can support themselves financially.

Whether they have married in the UK or overseas (or not at all), the non-UK partner must apply for a two-year settlement visa to come and live in the UK as a husband, wife, civil partner, unmarried partner or same-sex partner. At the end of the two years, they can apply to us for permission to settle in the UK (known as 'indefinite leave to remain').

Partners who apply for settlement after completing their two-year period of temporary residence will still need to meet the 'knowledge of language and life in the UK' test. This is in addition to the new basic English language requirement, which forms part of their initial application.

I am a little confused or a bit thick about the new rules and would like to know if anybody out there has any advice for my wife's situation. Or anybody in a similar situation?

Thanks for any advice.

[lee70]

When my wife applied to extend leave (FLR)M there was no requirement to prove she had attended any English courses so no I don't think the fact that she has failed the test will hinder her getting another visa.However things may well change soon...

[VisasPlus]

That's a good question ! It may be that nobody in UKBA has yet thought about how to deal with such situations. Normally, if your wife had not passed the test then she would just apply for Further Leave To Remain. However, the new test, to be introduced in November is also, we are told, to apply to applicants who are already in the UK. Logically, your wife will fall into this category, and it may well be that she will have to take the new Level 1 English test ( speaking and listening only ) in order to obtain her FLTR. She will then, presumably, take the ESOL test when she is ready to do so.

I may well be wrong, but we are entering new territory with this new test. If the above is the case then be sure that your wife takes the test well before she needs to apply for FLTR or her application may be refused on the grounds that she does not hold a test pass.

[7by7]

The document provided by Sumrit in this post (sorry, I can't seem to provide a direct link/attachment here) says

In-country Applicants Applying for Leave to Remain

Will the new English language requirement for spouses apply to in-country applications as well?

Yes. It will also apply to in-country applications for leave to remain.

So it looks like applicants for FLR after the implementation date will have to pass this initial test.

Except, presumably, those who entered on a fiance/proposed civil partner visa and passed the test in order to obtain that visa.

Riceboy, how good/bad is your wife's English? Have you considered the LitUK test? If she passes that then she will be able to apply for ILR when her spouse visa expires in February and so not need to make a FLR application.

You can find a sample of the LitUK test here.

[riceboy66]

Thanks for your help. I thought my wife would pass in the first place as her English is reasonable but I'll give her a Life in the UK practice test. See and find out?

I think this new rule might catch a lot out and will break up families if the UKBA don't have any compassion.

The UKBA might have to re-think this new rule!

[Desertexile]

Life in the UK test is fine with some study and English at A1 level is exceptionally low. Perhaps her reading and writing is the issue?

[7by7]

I think this new rule might catch a lot out and will break up families if the UKBA don't have any compassion.

The UKBA might have to re-think this new rule!

Remember that it is not the UKBA that introduced this, or any other, rule; it is the government.

The required level is a lot lower than that for ILR, and is speaking and listening only. I would think that someone who has already lived in the UK for nearly two years would have little difficulty.

[snuggzzz]

Instead of ESOL courses try Googling ESB (English Speaking Board) courses and exams (not so intense). They used to be adequate for ILR criteria

[sumrit]

However, the new test, to be introduced in November is also, we are told, to apply to applicants who are already in the UK.

The new English test coming into force on the 29th November is a requirement for people applying for their INITIAL settlement visa application only. It won't apply to people who've already had their 27 month settlement visa and (for whatever reason) are applying for FLR (and not ILR) in the UK.

The 'within the UK' clause is there to cover anybody applying for their INITIAL SETTLEMENT VISA when they are already (living) in the UK.

For example, somebody can enter the UK on a (longer than six month) student or work visa. They could then meet and marry a UK citizen in the UK' then they can apply to change to a settlement visa without having to return to their country of origin.

People in this situation would be making their initial settlement visa application from within the UK and be required to pass the English test first.

[7by7]

Instead of ESOL courses try Googling ESB (English Speaking Board) courses and exams (not so intense). They used to be adequate for ILR criteria.

If this ever was the case, it certainly is not any longer.

The requirement for ILR is either passing the LitUK test or progressing one level on an ESOL with citizenship course at an accredited college; see Demonstrating your knowledge of language and life in the UK.

Sumrit, are you sure that this new requirement will not apply to those applying for FLR after two years in the UK? The document you provided in the post I linked to above says leave to remain; not initial leave to remain.

[sumrit]

Sumrit, are you sure that this new requirement will not apply to those applying for FLR after two years in the UK? The document you provided in the post I linked to above says leave to remain; not initial leave to remain.

It's a requirement to have passed this test as part of the INITIAL settlement visa application 7by7

Look at the last paragraph from the statement from Home Secretary Theresa May, which is part this update released by the UKBA

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2010/268071/15migrants-english-requirement

Partners who apply for settlement after completing their two-year period of temporary residence will still need to meet the 'knowledge of language and life in the UK' test. This is in addition to the new basic English language requirement, which forms part of their initial application.

[7by7]

Thanks.

[josh3364]

:jap:hi wife is in her 1st year of 2year settlement visa. i looked at the life in the UK test and i couldnt even answer alot of the questions so i knew she would have no chance. the other route is the ESOL.

there are 3 pre entry/intermediate levels and 3 further levels that are same level as GCSE english.id heard that to qualify for ILR level 3 must be passed.

my wife has just started an ESOL course. after an assessment of her current english skills.she has been put on the level 2 pre-entry course.

i asked her teacher about the ESOL requirements for ILR and was relieved to hear that to get that she only has to pass preentry level3, NOT the normal level 3 which is near enough A level standard! the teacher even showed me the letter she sends to home office. and said my wife should pass that now (level3) as she is quite competant at talking with people but her reading and especially writing needs work. that is what level 2 is.

level 1 preentry is learning the alphabet and other basics.

level 2 reading and writing

level 3 pre-entry ESOL is speaking and listening.

response to original post is to simply try and get a resit,

my friends wife simply sat the test without doing the course.

:jap:

[MAJIC]

:jap:hi wife is in her 1st year of 2year settlement visa. i looked at the life in the UK test and i couldnt even answer alot of the questions so i knew she would have no chance. the other route is the ESOL.

there are 3 pre entry/intermediate levels and 3 further levels that are same level as GCSE english.id heard that to qualify for ILR level 3 must be passed.

my wife has just started an ESOL course. after an assessment of her current english skills.she has been put on the level 2 pre-entry course.

i asked her teacher about the ESOL requirements for ILR and was relieved to hear that to get that she only has to pass preentry level3, NOT the normal level 3 which is near enough A level standard! the teacher even showed me the letter she sends to home office. and said my wife should pass that now (level3) as she is quite competant at talking with people but her reading and especially writing needs work. that is what level 2 is.

level 1 preentry is learning the alphabet and other basics.

level 2 reading and writing

level 3 pre-entry ESOL is speaking and listening.

response to original post is to simply try and get a resit,

my friends wife simply sat the test without doing the course.

:jap:

Hi Josh,I know 2 Thai Ladies that have only done ESOL entry level 1&2 and have now got ILR.

In my belief the rules have now changed and all that is required for ILR is to demonstrate that the Student on ESOL Courses has risen 1 level. i.e from level 1 to 2,and gained the relevant certificate (City & Guilds in my wifes level 1 case)on each level.

Perhaps a PM to.... 7 by 7 to confirm this would be advisable,he's always genned up on this sort of thing.

[tony2006]

My understanding is that the fundamental rules regarding the ESOL route have not altered, except for the following, course must now be run by an accredited institution, progress has now to be demonstrated (move from entry level 1 to entry level 2), and the course provider now has to provide a letter in support of the application in terms of the ESOL course.

The bit that I am not sure about is the ukba state that a relevant course is the speaking and listening unit of the ESOL ,

if the foreign national's speaking and listening ability is assesed above entry level 1 , but their reading and writing is below entry level 1 , then they would start the Esol cours at entry level1. Now on passing the reading and writing , they would receive a certificate with only the reading and writing units.

On passing the reading, writing units on entry level1 , and progressing onto entry 2 reading and writing , would this be acceptable to apply for ilr ,

[MAJIC]

My understanding is that the fundamental rules regarding the ESOL route have not altered, except for the following, course must now be run by an accredited institution, progress has now to be demonstrated (move from entry level 1 to entry level 2), and the course provider now has to provide a letter in support of the application in terms of the ESOL course.

The bit that I am not sure about is the ukba state that a relevant course is the speaking and listening unit of the ESOL ,

if the foreign national's speaking and listening ability is assesed above entry level 1 , but their reading and writing is below entry level 1 , then they would start the Esol cours at entry level1. Now on passing the reading and writing , they would receive a certificate with only the reading and writing units.

On passing the reading, writing units on entry level1 , and progressing onto entry 2 reading and writing , would this be acceptable to apply for ilr ,

As I understand it Yes,Achieving ESOL entry Levels 1 & 2 with Citizenship Attachment would entitle the applicant to apply for ILR,and the Course provider would need to give the necessary supporting paperwork.

Edited September 24, 2010 by MAJIC

[7by7]

From If you are not an English speaker - ESOL and citizenship course

A 'relevant ESOL qualification' is:

• an ESOL qualification in speaking and listening at Entry 1, Entry 2 or Entry 3 level approved by the Office of the Qualifications and Examinations Regulation (Ofqual); or
• one National Qualifications Unit in ESOL at Access 2, Access 3 or Intermediate 1 level approved by the Scottish Qualifications Authority.

[Xircal]

You can download English AI level practice tests in both audio and written format from here

[Rayongy]

OP if your wife failed ESOL Level 1, then she was assessed as Entry Level 3 prior to studying that course. In which case she will have no difficulty whatsoever in achieving 'A1' level in any one of the plethora of available tests which measure A1 Standard.

If it was ENTRY level 1 she failed, then you have problems and would probably need a translator to explain them to her.

[Rayongy]

You can download English AI level practice tests in both audio and written format from here

This is a very good link - it should itself be a thread. And will clearly show the readership just how low A1 is.

[Thongkorn]

How did your wife fail Esol 1, they nearly give them it ,

[Rayongy]

How did your wife fail Esol 1, they nearly give them it ,

Thats not strictly true. We don't know whether it was ESOL Entry level 1 or ESOL Level 1 (there are three levels within to entry level)

[Rayongy]

ESOL Entry level 1 = an A1 standard on the framework (A1 is also the standard one need to meet as part of the new settlement visa requirements.

ESOL Entry Level 2 = A2 standard

ESOL Entry Level 3 = B1 standard

So if she has failed ESOL Level 1, then she still has a fair level of English

leveldescriptionA1Can understand and use familiar everyday expressions and very basic phrases aimed at the satisfaction of needs of a concrete type. Can introduce him/herself and others and can ask and answer questions about personal details such as where he/she lives, people he/she knows and things he/she has. Can interact in a simple way provided the other person talks slowly and clearly and is prepared to help.A2Can understand sentences and frequently used expressions related to areas of most immediate relevance (e.g. very basic personal and family information, shopping, local geography, employment). Can communicate in simple and routine tasks requiring a simple and direct exchange of information on familiar and routine matters. Can describe in simple terms aspects of his/her background, immediate environment and matters in areas of immediate need.B1Can understand the main points of clear standard input on familiar matters regularly encountered in work, school, leisure, etc. Can deal with most situations likely to arise whilst travelling in an area where the language is spoken. Can produce simple connected text on topics which are familiar or of personal interest. Can describe experiences and events, dreams, hopes & ambitions and briefly give reasons and explanations for opinions and plans.