UK Esol certificate

[Thongkorn]

the Topic should read , problems in reciving pass certificates for ESOL course.

My wife has done the Esol Course at the Local Collage, Instead of the Life in the UK test, She has already attained the First level, and has now done and passed her second level, as far as i am aware that is all she needs for her to apply for her ILR, after 24 months. The problem is that the Collage has not received the pass Certificates from the People that process them. There has been a fraud case that the Boarder Agency has found and shut down, people where selling them after just one days course.So they have sacked most of the staff, that was four months ago . We know that my wife has passed because the Collage has told her and is prepared to put that in writing for her , the question is would that serfice for the Boarder Agency, or would they just Collect our Money and say , Sorry you did not provide the correct documents , The time is getting close to applying for indefinite leave to remain .Any thoughts and information would be gratefully . thanks in advice.

Edited July 21, 2011 by Thongkorn

[bobrussell]

Unfortunately they require the original certificate and a standard letter from the college giving details of their acceptability to the UKBA or confirming inspection from OFSTED. This letter needs to be stamped by the college.

There have been a number of colleges removed from the accredited list as a result of fraud. It is unlikely that an application will be successful unless it meets the regulations. From the UKBA website:

"The Nationality Regulations for ESOL courses changed on 7 April 2010. If you want to demonstrate your knowledge of language and life with an ESOL qualification, you must now meet the following requirements:

• You must have attended your ESOL course at an accredited college.
• The course must have included citizenship materials derived from the document 'Citizenship Materials for ESOL Learners' (ISBN: 1-84478-5424).
• You must have obtained a relevant ESOL qualification from an approved awarding body.
• You must demonstrate that you have made relevant progress.

An 'accredited college' is:

• a publicly funded college that is subject to inspection by Ofsted (if it is in England), the Education and Training Inspectorate (Northern Ireland), HM Inspectorate of Education (Scotland), Estyn (Wales); or an inspection programme that has been approved by the Island's Government (in the Channel Islands or Isle of Man): or
• a private college that has been accredited by Accreditation UK, the British Accreditation Council (BAC), the Accreditation Body for Language Services (ABLS) or the Accreditation Service for International Colleges (ASIC).

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.

'Approved awarding bodies' in England, Wales and Northern Ireland are:

• Ascentis (formerly Open College of the Northwest)
• Cambridge ESOL
• City & Guilds (Pitmans)
• Edexcel
• Education Development International (EDI)
• English Speaking Board (International) Limited
• National Open College Network
• Trinity College London"

It is really important that you talk to the college. If they have had their accreditation revoked you should email the UKBA for advice.

Edited July 21, 2011 by bobrussell

[7by7]

I've amended the topic title so that it makes sense.

Who has been committing the fraud; the college or the awarding body?

If it's the college, then I don't think that there's much you can do except find another course or, if she is confident enough in her English, take the LitUK test.

If it's the awarding body, then the college should be able to advise; your wife wont be their only pupil in this position.

Either way, it is the UKBA that have removed the accreditation, so as said above you should contact them for advice.

[Thongkorn]

hanks 7by7 for sorting out the topic heading,

My wife has attended an accredited course and she meets all the criteria as set out by the Boarder Agency. she was assessed when she first entered the UK , she got her level one then her level two, that as far as i understand is enough to satisfy the boarder agency for her ILR application,The College is an accredited college and will give her a letter to say that she has done her second level, ESOL course, with Citizen ship material embedded in the course so i don't think there is a problem there,

There has been a scam form some other colleges which has now been dealt with,(Not the Collage the wife attended) the staff involved have been sacked, they where doing the course in a day, for an amount of money (backhanders) you have to do so many hours to acquire your Esol Course certificate, providing you pass the test.

The adjudicators who mark the test papers have gone through the test papers again by hand, to weed out the fraudulent test papers from the places that where operating the scam. Thats the explanation given by the College where the wife attended and took her ESOL test.(which is not involved in any way with the scam), thats why it is taking so long to receive her pass Certificate.Its has now been five months and is getting close to the time when we should be applying for ILR.

We know she has passed because we have been told, By The College attended by the wife, but no certificates as of yet. The collage seem to think that if they gave us a letter explaining why no pass certificate has arrived, it would be OK , But they do not stand to lose there money should the application fail due to not enclosing the ESOL pass certificates.I have tried to contacting the boarder agency but get no reply or answer.

Also there are a few other people in My area who also attended the same ESOL course and are in the same position that need to apply now for ILR.

Edited July 21, 2011 by Thongkorn

[bobrussell]

I would agree that it is far to much money to risk. The UKBA are not particularly flexible so contact them first. Make sure there is a paper trail (emails/letters) or make sure you get a name from the person you speak to.

The rules say that an original certificate must be supplied and unless you can be sure the UKBA will accept a letter of explanation I would be very reluctant to take the risk. It is the UKBA that make the decisions and you that risks losing a grand, not the college!!

My advice is to get the college to write a letter of explanation ASAP and get this to the UKBA prior to the application and get it in writing that this will be accepted.

[Thongkorn]

Just an Up date

,I have been Contacted by my Friend who is in the same Position as my wife and I , they sent all the Documents to the Boarder Agency for her ILR, with a covering letter from the College , The boarder Agency have sent a letter saying that they will only wait two weeks before processing the ILR Request,If they do not produce the original ESOL pass certificate then there Application will fail and they will lose there Deposit (cost of ILR). How can this be correct,You Do all the things laid down in the criteria for ILR and not because of your fault you lose your money, I have a little time myself so i will be contacting the Boarder agency to Confirm what the course of action We should be taking.

[bangkockney]

I suggest you start chasing te awarding body. And don't take what the college tells you as gospel truth.

Whilst the college's sponsor licence status is not relevant to your wife, you should still check it. If they do not appear on the Tier 4 Register of Sponsors you know something is afoot. Perhaps they don't accept int'l students, in which case you should re-check their existing accreditation.

You must independently eliminate the college as the cause of the problems.

Your post does suggest the awarding body were guilty of the fraud, though this is not clear. If this were to be true - and the fraud was shut down by UKBA as you put it - one would think the UKBA would remove them from the list of approved bodies.

How long till the application is due?

Seek legal advice ASAP as you may well have to make a late application, which can be a minefield.

Don't submit the application without an original certificate as you'll waste your money. Can't really blame the UKBA over this however I do feel for you.

[bobrussell]

Which awarding body is it? If they have been found to be involved in fraud the certificate issued would probably not be accepted anyway.

If the college has been teaching with suitable citizenship materials and with a lot of cramming it may be possible to take and pass the Life in the UK test anyway. My sister in law has just passed without problem but she did use on-line study material and a good book.

Without the correct certificate I do not see how the UKBA can process the application without being unfair to other applicants.

What is the college doing to correct the situation?

Worst case your wife can apply for Further Leave To Remain. The gives her two years to sort the problem out. It will cost more in the long-run but removes the risk of being considered an over-stayer.

I fear the cost of legal advice/action may be much greater than applying for FLR and if the awarding body or college have been shut down or removed from the approved list you will not get money back or get a valid certificate.

Sorry you have been put in this situation but there are a lot of crooks out there!

Edited July 25, 2011 by bobrussell

[Thongkorn]

all sorted now , The College has been in contact with the boarder Agency, They have told the Boarder Agency the problem , My wife should get her certificate this week along with a letter explaining that the course was done at a accredited college and the ESOL course included material from the life in the UK test, thanks for all the input.