UK Language Testing For Spousal Immigrants Starts Monday

[webfact]

UK language testing for spousal immigrants starts Monday

Students at the Via Lingua TEFL teacher training school in Phuket Town,

where Thai students can study English with native speakers free of charge.

PHUKET: -- Thai spouses applying for visas to join or marry British partners in the UK now have to pass an English language test that is unavailable in Phuket.

“From November 29, any non-European migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled in the UK will need to show that they can speak and understand English, by taking an approved English language test,” according to an official British Embassy announcement released on Sunday.

“The new rules will apply to anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiancé(e) or prospective civil partner of a UK citizen or a person settled in this country,” it read.

The tests will be mandatory for people applying from within the UK as well as visa applicants from overseas, it added.

“This new requirement was announced in June this year and as we get close to the implementation date we’d like to remind those planning on applying for a marriage visa to the UK that from November 29 they will be required to pass a compulsory English Language Test,” said Ed Mackie, UK Border Agency Regional Manager, East Asia.

“Speaking English promotes integration into British society and broadens opportunities. The new rules will help ensure that migrant spouses are able to participate in British life from the outset and integrate more easily into wider UK society,” he added.

Migrant spouses and partners will have to demonstrate English language ability at “A1” level of the Common European Framework of Reference for speaking and listening.

Applicants will be required to provide evidence with their application that they have passed an acceptable English test with one of the UK Border Agency’s approved test providers.

Details of approved English-language test providers testing at “A1 level” in Thailand can be found at: www.vfs-uk-th.com

The test centers are in Bangkok, Chiang Mai, Pattaya and Khon Kaen. There are none in southern Thailand.

Also to come into effect on November 29 are new service hours for the British Embassy Consular Section front desk, as follows:

Monday - Thursday: 8am - 11am and 1pm - 2pm (collections only)

Fridays: 8am - 11am and 11am - midday (collections only)

“This change will enable us to use our staff resources more effectively, whilst retaining the same level of service for all our customers. Customers who arrive at the Embassy outside of these hours for routine consular services will not be served,” said the embassy in a release issued Saturday.

However, the statement added, “If you have an emergency within normal working hours please speak with an officer in the Consular Section available on Tel: 02-3058333 ext 2252.”

-- Phuket Gazette 2010-11-23

[spiderleghead]

good idea - don't we have to do the culture course. PMSL

[apetley]

I wonder when the UK will also set up a language requirement for all the Eastern European economic migrants who can't speak a word of English?

[theoldgit]

There was an interesting announcement from the British Embassy at the end of "Webfacts" posting, I have added the previous opening times in red. Not sure this is further evidence of cutbacks to consular services or a reflection of a reduced work load.

Also to come into effect on November 29 are new service hours for the British Embassy Consular Section front desk, as follows:

Monday - Thursday: 8am - 11am and 1pm - 2pm (collections only) Previously 08.00 - 12.00 & 12.45 - 16.30

Fridays: 8am - 11am and 11am - midday (collections only) Previously 08.00 - 13.00

[spiderleghead]

There was an interesting announcement from the British Embassy at the end of "Webfacts" posting, I have added the previous opening times in red. Not sure this is further evidence of cutbacks to consular services or a reflection of a reduced work load.

Also to come into effect on November 29 are new service hours for the British Embassy Consular Section front desk, as follows:

Monday - Thursday: 8am - 11am and 1pm - 2pm (collections only) Previously 08.00 - 12.00 & 12.45 - 16.30

Fridays: 8am - 11am and 11am - midday (collections only) Previously 08.00 - 13.00

looks like they are following the immigration lunch time farce

[F1fanatic]

I wonder when the UK will also set up a language requirement for all the Eastern European economic migrants who can't speak a word of English?

Presumably they're from EU countries, so have the right to move to any other EU country.

As a foreigner in Thailand I am sympathetic to those that move to another country for any reason - as long as they are able to support themselves and are not a drain on their chosen country's economy.

IMO NOBODY should be able to move to another country and expect to receive tax-payer funding from their 'new' home country.

Edited November 23, 2010 by F1fanatic

[samcled]

I wonder when the UK will also set up a language requirement for all the Eastern European economic migrants who can't speak a word of English?

Presumably they're from EU countries, so have the right to move to any other EU country.

As a foreigner in Thailand I am sympathetic to those that move to another country for any reason - as long as they are able to support themselves and are not a drain on their chosen country's economy.

IMO NOBODY should be able to move to another country and expect to receive tax-payer funding from their 'new' home country.

[apetley]

I wonder when the UK will also set up a language requirement for all the Eastern European economic migrants who can't speak a word of English?

Presumably they're from EU countries, so have the right to move to any other EU country.

As a foreigner in Thailand I am sympathetic to those that move to another country for any reason - as long as they are able to support themselves and are not a drain on their chosen country's economy.

IMO NOBODY should be able to move to another country and expect to receive tax-payer funding from their 'new' home country.

And there lies what many would consider a major discrimination against non-EU citizens.

Just because someone is from Europe then they have a right to go to the UK whether they have family ties or not, even if they have no knowledge of English.

Now compare that to someone from outside the EU who is married to a UK citizen. They have to jump through far more hoops than the EU citizen and a condition of their visa is 'No recourse to public funds'.

All I would argue for is a level playing field but I fear that after selling out UK sovereignty in the past the only soft target left are those from the non-EU even though they are far from being the bulk of the so called problem.

[aka_jack]

I agree with the poster above ! ive been married to a thai national for nearly 10, years ! she came with me to the u.k hardly speaking any english, learnt english, worked and paid taxes, learnt how to drive and passed the theory which is in english, and passed the english test for her passport, and she has never had recourse to public funds ! But now if you want to take the love of your life back you have to jump through hoops ! while the rest of the eu flood to the u.k for benefits and freebees ! what a country !

[MaiChai]

Wonder how long it will be before someone takes the UK to the court of human rights because they were denied settlement of a partner who could not speak English?

[7by7]

Whilst I am no fan of the EU, it is obvious that some members have a completely false impression of the freedom of movement regulations.

From EUN1.3 What rights do EEA nationals have to live and work in the UK?

EEA nationals are free to enter the UK subject to a passport or identity card check. However, where an EEA national is the subject of an extant deportation order, the EEA national must still apply for revocation of the order if they wish to return to the UK. If the deportation order is revoked the EEA national may lawfully re-enter the UK. (For details about how a deportation order is revoked, see ECB4.3.

A deportation order may be invalid if the subject has become the family member of an EEA national exercising Treaty rights in the UK. Where there is reason to believe that this is the case, the case should be referred to the relevant casework unit who will liaise with European Casework.

EEA nationals are entitled to reside in the UK for an initial period of three months without needing to exercise a Treaty right. An EEA national who will be in the UK for more than three months will have a right of residence for as long as they remain a qualified person.

A qualified person is an EEA national who is in the UK and exercising a Treaty right as any of the following:

• Job-seeker - The EEA national must be able to show evidence that they are seeking employment and have a genuine chance of being engaged e.g. evidence of job interviews, evidence of qualifications, registration with Job Centre / recruitment agencies.

In most circumstances we would expect an EEA national to be economically active within six months. It is highly likely that an individual claiming a right of residence as a job-seeker will also be exercising treaty rights as a self-sufficient person.

• Worker - The EEA national must be able to show evidence that they are in full-time or part-time employment e.g. copy of a contract, pay slips.

If an EEA national temporarily ceases employment, they can still be considered a qualified person under the following circumstances:

• They are temporarily unable to work as the result of an illness or accident
• They are involuntarily unemployed and have started vocational training; or
• They have voluntarily stopped working and started on vocational training related to their previous employment.
• They have registered as a job seeker and
  • were employed for one year or more before becoming unemployed;
  • have been unemployed for no more than six months; or
  • can provide evidence that they are seeking employment in the United Kingdom and have a genuine chance of being engaged.

  [*]Self-employed person - The EEA national must be able to show evidence that they have established themselves in the UK as a self-employed person e.g. a copy of business accounts or an accountant’s letter.[*]Self-sufficient person - The EEA national must be able to show evidence that they have sufficient resources not to become a burden on the social assistance system and have comprehensive sickness insurance cover. There is no fixed amount that is regarded as 'sufficient resources'. The personal situation of each applicant must be taken into account.

A retired person would qualify as self-sufficient if they can demonstrate that they are in receipt of a pension and/ or have sufficient funds not to become a burden on the social assistance system.

An EEA national can qualify as self-sufficient based on the income of their non-EEA family member.

• Student - The EEA national must be able to show evidence that they are enrolled at an establishment included on the DFES Register of Education and Training providers e.g. a letter from a college or university confirming that the EEA National is enrolled on a course and stating its duration.

The register can be found at: Department for Innovation, Universities & Skills - The Register of Education and Training Providers

Floods of people entering the UK from the expanded EU to claim UK benefits is a myth; to remain in the UK they need to be a qualified person, otherwise they must leave.

Of course, exactly the same rules and rights of freedom of movement apply to UK citizens; as the thousands of UK pensioners living in Spain can testify!

[aland2012]

I agree with the poster above ! ive been married to a thai national for nearly 10, years ! she came with me to the u.k hardly speaking any english, learnt english, worked and paid taxes, learnt how to drive and passed the theory which is in english, and passed the english test for her passport, and she has never had recourse to public funds ! But now if you want to take the love of your life back you have to jump through hoops ! while the rest of the eu flood to the u.k for benefits and freebees ! what a country !

Yes, i agree..... I'm just got my love to the UK on a 6 month visa, and we wish for my GF to stay... I worry alittle how hard this will be, but Im all for the tests for English.

[Rayongy]

What people fail to miss is that A1 standard of English is EXTREMELY low, Indeed, an A1 learner can hardly hold a conversation past asking and answering personal information.

[chiang mai]

So how does this new requirement relate to someone who attained British Council certification at Beginners Level in 2005 and has progressed ever since but not been tested, is the requirement now that a new certificate/payment is required or does some common sense come into play somewhere? Serious replies only.

[theoldgit]

So how does this new requirement relate to someone who attained British Council certification at Beginners Level in 2005 and has progressed ever since but not been tested, is the requirement now that a new certificate/payment is required or does some common sense come into play somewhere? Serious replies only.

I don't know for sure, but I'm pretty sure that in the circumstances you describe the person would need to be tested by one of the UKBA appoved testers, the only positive thing is that they would probably sail through the test, though they would have to pay for the priviledge.

Common sense? Thought you were looking for serious replies?

This is a lift from the UKBA guidance notes on the subject:

What if I have already passed an A1 or above English language test but not from an approved provider?

You will need to re-take the test with one of the approved test providers.

http://www.ukvisas.g...langrequirement

Edited November 25, 2010 by theoldgit

[Rayongy]

So how does this new requirement relate to someone who attained British Council certification at Beginners Level in 2005 and has progressed ever since but not been tested, is the requirement now that a new certificate/payment is required or does some common sense come into play somewhere? Serious replies only.

if she passed the BC beginners course and has since progressed, she will, most certainly be well above A1 standard.

[chiang mai]

There's a good sample test of A1 through C2 here, if anyone wants to see how their beloved might cope:

http://www.englishtag.com/tests/level_test_elementary_A1.asp

[chiang mai]

On thing I don't understand about this new test is where does it fit in to the application process, is a language test certificate now supposed to be submitted as a part of the VAF4A application or is this entirely separate?

[VisasPlus]

On thing I don't understand about this new test is where does it fit in to the application process, is a language test certificate now supposed to be submitted as a part of the VAF4A application or is this entirely separate?

Look at it the same way as you would look at the TB test. It is not part of the VAF, but the certificate needs to be attached to the application

[chiang mai]

On thing I don't understand about this new test is where does it fit in to the application process, is a language test certificate now supposed to be submitted as a part of the VAF4A application or is this entirely separate?

Look at it the same way as you would look at the TB test. It is not part of the VAF, but the certificate needs to be attached to the application

Got it, thanks for the clarification.

[Brunel]

Bit difficult, given that any number of countries require official immigrants to demonstrate their grasp of the language.

Wonder how long it will be before someone takes the UK to the court of human rights because they were denied settlement of a partner who could not speak English?

[Brunel]

What EUN1.3 states, and how it works in reality, are poles apart.

The UK [government] has long had a reputation for being a soft touch, with good reason. And one of the most recent examples of 'qualified' persons, were the foreign prisoners, convicted of violent crime in the UK, inexplicably released ... and subsequently mislaid ... No myth about it!

Whilst I am no fan of the EU, it is obvious that some members have a completely false impression of the freedom of movement regulations.

From EUN1.3 What rights do EEA nationals have to live and work in the UK?

EEA nationals are free to enter the UK subject to a passport or identity card check. However, where an EEA national is the subject of an extant deportation order, the EEA national must still apply for revocation of the order if they wish to return to the UK. If the deportation order is revoked the EEA national may lawfully re-enter the UK. (For details about how a deportation order is revoked, see ECB4.3.

A deportation order may be invalid if the subject has become the family member of an EEA national exercising Treaty rights in the UK. Where there is reason to believe that this is the case, the case should be referred to the relevant casework unit who will liaise with European Casework.

EEA nationals are entitled to reside in the UK for an initial period of three months without needing to exercise a Treaty right. An EEA national who will be in the UK for more than three months will have a right of residence for as long as they remain a qualified person.

A qualified person is an EEA national who is in the UK and exercising a Treaty right as any of the following:

• Job-seeker - The EEA national must be able to show evidence that they are seeking employment and have a genuine chance of being engaged e.g. evidence of job interviews, evidence of qualifications, registration with Job Centre / recruitment agencies.

In most circumstances we would expect an EEA national to be economically active within six months. It is highly likely that an individual claiming a right of residence as a job-seeker will also be exercising treaty rights as a self-sufficient person.

• Worker - The EEA national must be able to show evidence that they are in full-time or part-time employment e.g. copy of a contract, pay slips.

If an EEA national temporarily ceases employment, they can still be considered a qualified person under the following circumstances:

• They are temporarily unable to work as the result of an illness or accident
• They are involuntarily unemployed and have started vocational training; or
• They have voluntarily stopped working and started on vocational training related to their previous employment.
• They have registered as a job seeker and
  • were employed for one year or more before becoming unemployed;
  • have been unemployed for no more than six months; or
  • can provide evidence that they are seeking employment in the United Kingdom and have a genuine chance of being engaged.

  [*]Self-employed person - The EEA national must be able to show evidence that they have established themselves in the UK as a self-employed person e.g. a copy of business accounts or an accountant's letter.[*]Self-sufficient person - The EEA national must be able to show evidence that they have sufficient resources not to become a burden on the social assistance system and have comprehensive sickness insurance cover. There is no fixed amount that is regarded as 'sufficient resources'. The personal situation of each applicant must be taken into account.

A retired person would qualify as self-sufficient if they can demonstrate that they are in receipt of a pension and/ or have sufficient funds not to become a burden on the social assistance system.

An EEA national can qualify as self-sufficient based on the income of their non-EEA family member.

• Student - The EEA national must be able to show evidence that they are enrolled at an establishment included on the DFES Register of Education and Training providers e.g. a letter from a college or university confirming that the EEA National is enrolled on a course and stating its duration.

The register can be found at: Department for Innovation, Universities & Skills - The Register of Education and Training Providers

Floods of people entering the UK from the expanded EU to claim UK benefits is a myth; to remain in the UK they need to be a qualified person, otherwise they must leave.

Of course, exactly the same rules and rights of freedom of movement apply to UK citizens; as the thousands of UK pensioners living in Spain can testify!

[VisasPlus]

Bit difficult, given that any number of countries require official immigrants to demonstrate their grasp of the language.

Wonder how long it will be before someone takes the UK to the court of human rights because they were denied settlement of a partner who could not speak English?

I think that's a good point, Brunel, but I don't understand why it hasn't been tested in the courts. Surely Human Rights legislation gives the right to family life. So, how is it okay to give that right to people who can speak English but not to those who don't ? I haven't any idea of the answer, and only put this forward for the sake of discussion.

Edited November 29, 2010 by VisasPlus

[Brunel]

New hours come into effect in the UK Consular section, and we are assured that - and I quote: "This change will enable us to use our staff resources more effectively, whilst retaining the same level of service for all our customers ..."

If that's the objective - God help us!!

And quote: "If you have an emergency within normal working hours, please speak with an officer in the Consular Section, available on Tel: 02 3058333 ext 2252."

At least someone is demonstrating a [warped] sense of humour.

[theoldgit]

The UK [government] has long had a reputation for being a soft touch, with good reason. And one of the most recent examples of 'qualified' persons, were the foreign prisoners, convicted of violent crime in the UK, inexplicably released ... and subsequently mislaid ... No myth about it!

It wasn't, of course, that straight forward. The foreign national prisoners were not inexplicably released, they were released because their sentence had finished and prisons could no longer legally hold them.

The process of foreign prisoners being deported has been on the statute for many years, and required a sentencing judge recommending deportation on conclusion of the custodial sentence, the prison authorities would notify the Immigration Service as the discharge date approached so that arrangements could be made.

Following a number of high profile cases where asylum seekers, failed asylum seekers, illegal immigrants and other foreign nationals were convicted of hideous crimes and sent to prison, David Blunkett announced that any foreign national sentenced to prison would be deported on their release. I had a lot of time for David Blunkett, and whilst he was right to try to allay public fears of these "asylum seekers" committing these offences, he, as he usually did, shot from the hip and said that any foreign national would be automatically deported on their release from prison. Unfortunately he didn't think it through and the process was seriously flawed.

You are right in saying that the whole thing degenerated into a farce, the prison and immigration service's didn't talk to each other and, as you rightly point out, a number of people were lost in the system, being released when their sentence ended.

I knew of a Thai lad who moved to Scotland as a baby, don't know the circumstances of his move, he didn't speak a word of Thai and had a broad Glaswegian accent, he had no family in Thailand. He received a short jail sentence for setting fire to a shed during a family row, he was released from prison and transferred to an Immigration Detention Centre pending deportation, meanwhile many of those who should have been deported were slipping through the net.

I will let you have your topic back now.

[khastan]

Could someone please confirm this? It would appear that the passing of this new language test is only required from a UK citizen spouse/partner that is either living in the UK or abroad wishing to bring their spouse/partner to the UK to live with them. The passing of this test I believe is not required from an EU citizen living in the UK who would like to do the same. This is because an EU citizen has free movement within the whole of the EU. This also applies to any spouse partner of that EU citizen.

If this is correct, I have to say that this new law makes me feel like a second class British citizen and totally discriminates against a UK Citizen living in the UK or abroad, and shame on the British Government.

[theoldgit]

khastan, you are correct in your thinking that it only applies for migrants from outside of the EU, as to put this requirement on citizens from other countries in the EU would breach EU law.

Even then there are some exceptions, if you are a national of a majority English-speaking country, you will meet the English language requirement automatically. You will not need to take a test.

Those countries are: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago And the United States of America.

[khastan]

khastan, you are correct in your thinking that it only applies for migrants from outside of the EU, as to put this requirement on citizens from other countries in the EU would breach EU law.

Even then there are some exceptions, if you are a national of a majority English-speaking country, you will meet the English language requirement automatically. You will not need to take a test.

Those countries are: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago And the United States of America.

Thank you for this confirmation. The fact that certain English speaking countries citizens do not have to fulfill this requirement is not the issue. The issue is one of fairness and this is an utter disgrace and like I said before the Con/Dems should hang their heads in shame.

[theoldgit]

Thank you for this confirmation. The fact that certain English speaking countries citizens do not have to fulfill this requirement is not the issue. The issue is one of fairness and this is an utter disgrace and like I said before the Con/Dems should hang their heads in shame.

It was actually Labour Government policy and due to come in before the current lot came to power, though I seem to remember that the current government brought the implementation forward, not 100% sure though.

To be fair it really is a low standard and anyone intending to settle in the UK should really achieve the required standard without any difficulty, though there is the added expense.

[nisaden]

khastan, you are correct in your thinking that it only applies for migrants from outside of the EU, as to put this requirement on citizens from other countries in the EU would breach EU law.

Even then there are some exceptions, if you are a national of a majority English-speaking country, you will meet the English language requirement automatically. You will not need to take a test.

Those countries are: Antigua and Barbuda, Australia, the Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago And the United States of America.

Does that mean going by what you have said for example, if two males living in the UK next door to each other and both decide to go to Thailand together, one of those is an EU member and one is a UK citizen and they both fall in love with a Thai partner and wish to return to the UK to live together, according to this new law the EU partner does not have to undergo the new English text requirements, but the UK citizen has to meet with the requirements, now how can anyone say that this is a fair ruling?

I honestly do feel that this is despicable law and truly know the heartache and misery this will cause to families and individuals, I notice also prior to all this that the British Embassy has now decided to restrict there working hours yet further. In all probability to avoid the flack that is no doubt coming from the expats with this new unjust requirement! The person responsible for this allowing this new law in its present form should be fired!