Settlement Visa English Requirements

[Kadafi]

Can anyone confirm if the life in the uk test is enough to be granted a UK settlement visa or does a A1 english course have to be passed also?

Its been very confusing to get an answer, the ukba on the phone said the life in the uk test is enough however the VFS today in Bangkok stated my wife requires the A1 english language course.

[Arun79]

The life in the UK tennis is enough on its own.

[Kadafi]

The life in the UK tennis is enough on its own.

have you submitted a settlement using only the life in the uk test?

[tribalfusion001]

Why don't you ask one of the forum sponsors. This is from UKBA guidelines pdf, sup-docs-settlement.

Evidence of English language requirement

You must be able to speak and understand English to a minimum level A1 of the Common European Framework of Reference (CEFR)

You can meet the English language requirement by:

passing a test with an approved provider and providing a certificate that clearly shows your name and the qualification obtained – this test and provider must be on our list of approved English language test providers;

having a degree taught in English; or

being a citizen or national of a majority English language speaking country (as specified in the Immigration Rules).

There are some exemptions to this requirement. For more information, see the website pages for Partners and families of settled people.

Information about your finances and employment

[7by7]

Kadafi, we discussed this in one of your other topics, and in this post I said to you

I hope that you got his name. Put in the application that this is what you were told. Include her LitUK certificate, of course.

She will probably find that VFS try and refuse to forward the application without a speaking and listening certificate, but if she insists then they must do so.

VFS can advise that documents are missing from an application, but they cannot refuse to forward it to the embassy if the applicant insists. I advised you of this.

So why did your wife not insist that her application be forwarded?

[7by7]

I'm confused.

In the waiting times topic you say

For anyone who has submitted a settlement visa lately, my wife showed her documents today and a member of staff checking them stopped her from submitting her application because she didn't have an english certificate. She has passed the life in the uk test, you dont need both?

and then you say

My wife submitted her settlement this morning also and 09.30

So, did she have a second appointment and VFS agreed to forward her application with just the LitUK certificate?

Despite what the UKBA told you on the phone, I am still not convinced that an LitUK pass is acceptable as the requirement is speaking and listening and the LitUK test is written.

We will find out when your wife recieves her decision; I very much hope that I am wrong and she gets her visa.

[bangkockney]

I've always read it as both are required - they test different skill sets and LitUK does not output a level of Englih proficiency.

Edited July 6, 2012 by bangkockney

[VisasPlus]

I've always read it as both are required - they test different skill sets and LitUK does not output a level of Englih proficiency.

I think you may be right. The immigration rules mirror the guidance given by tribalfusion above, that is :

You can meet the English language requirement by:

�� passing a test with an approved provider and providing a certificate that clearly shows your name and the qualification obtained – this test and provider must be on our list of approved English language test providers;

�� having a degree taught in English; or

�� being a citizen or national of a majority English language speaking country (as specified in the Immigration Rules).

The only exception to that ( until the new rules on the 9th July ) seems to be for those who have been in a relationship overseas for 4 years or more. Even then, the rules seem to indicate that both are needed. The rules say :

or

281(i)( b )(i) the applicant is married to or the civil partner of a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is on the same occasion seeking admission to the United Kingdom for the purposes of settlement and the parties were married or formed a civil partnership at least 4 years ago, since which time they have been living together outside the United Kingdom; and

__(b )(ii) the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application; and.................................... ( This, of course, is the ILE subject to KOL visa)

I assume that the sufficient knowledge of the English language would still have to be shown, and probably in the form of an A1 level certificate. Hopefully we are all wrong, and the application will not fail on this point.

Edited July 6, 2012 by VisasPlus

[Kadafi]

I'm confused.

In the waiting times topic you say

For anyone who has submitted a settlement visa lately, my wife showed her documents today and a member of staff checking them stopped her from submitting her application because she didn't have an english certificate. She has passed the life in the uk test, you dont need both?

and then you say

My wife submitted her settlement this morning also and 09.30

So, did she have a second appointment and VFS agreed to forward her application with just the LitUK certificate?

Despite what the UKBA told you on the phone, I am still not convinced that an LitUK pass is acceptable as the requirement is speaking and listening and the LitUK test is written.

We will find out when your wife recieves her decision; I very much hope that I am wrong and she gets her visa.

7by7 she returned and insisted that it was submitted because she did not want to miss the 9th July deadline, it has now been forwarded to the Embassy. I have emailed the bangkok british embassy but no response as yet, its now a waiting game.

If the new B1 english is required in 2013, wouldnt she need to pass that anyway? meaning she would have to take A1 english test now and yet again in order to apply for ILR. How can the UKBA justify someone having to take and pay for 2 english courses.

[Kadafi]

Also does anyone know how long it takes to obtain a A1 certificate?

[7by7]

The language requirement for ILR after October 2013 will be a LitUK pass and B1, or equivalent, in speaking and listening, unless exempt.

An A1 pass in speaking and listening will still be required for the initial visa, unless exempt.

It is not the UKBA who have to justify this; it is the government who set these requirements.

Personally, I see nothing wrong in requiring people who wish to live in a country to be reasonably competent that country's language.

To get permanent residence in Thailand you need to be virtually fluent in both spoken and written Thai.

[Kadafi]

Email received from the Briitish embassy, bangkok

Thank you for your e-mail of 6^th July 2012

We cannot accept the Life in the UK test as evidence of meeting the English language requirement for spouse visas. The immigration rules states that the applicant must provide

“an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant's name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference.”

Whilst the Life in the UK test exceeds level A1 of the CEFR it not a test of speaking and listening and nor is it offered by a test provider approved by the Secretary of State for these purposes. The Life in the UK test is a computer based test where your wife knowledge of a curriculum about Life in the UK is tested. Her ability to speak English is not tested as she only interaction during the test is with a computer. The UFL operate the Life in the UK test for settlement/citizenship purposes but they are not on the list of approved test providers for spouse visa English testing. It’s a different type of test to the one we are looking for.

Please visit the UK Border Agency website for further guidance on the English language requirement and exemptions. Further guidance and a full list of test providers can be found here.

We hope that you find this information useful.

Yours sincerely,

So that confirms it, my wife has now passed her Bulats at A2 level and will pass the certificate onto them asap. As the application has already been submitted they may not take it into account but we have no other option.

Edited July 13, 2012 by 7by7
Font of quoted email increased

[tribalfusion001]

If they are feeling generous they will accept the certificate, if not they will refuse the application. Would you be able to pass the new guidelines for settlement visas?

[Kadafi]

If they are feeling generous they will accept the certificate, if not they will refuse the application. Would you be able to pass the new guidelines for settlement visas?

But we could appeal and that would be under the old rules as the application went in before July 9th? yes the new rules will not effect us, it went in before July 9th to avoid the new 5 year probation period and extra visa fee after 2 years.

[tribalfusion001]

You could appeal if rejected, but would the certificate be viewed as new evidence or additional evidence. Ask Tony from visa plus for an answer.

[VisasPlus]

You could appeal if rejected, but would the certificate be viewed as new evidence or additional evidence. Ask Tony from visa plus for an answer.

Strictly speaking it must be regarded as new evidence, as no evidence of the required pass in English at A1 Level was provided. UKBA could argue that the guidance is clear, and requires an A1 pass cert from an approved test provider. That said, I would hope that, if the visa is refused, either the ECM will use common sense and overturn the decision when the decision is reviewed after the appeal is submitted, or the Immigration Judge at the appeal will do so.

If the application is refused, then the applicant must pay either 80 GBP or 140 GBP to submit an appeal. The appeal must be submitted within 28 days, in the UK or online.

[Kadafi]

You could appeal if rejected, but would the certificate be viewed as new evidence or additional evidence. Ask Tony from visa plus for an answer.

Strictly speaking it must be regarded as new evidence, as no evidence of the required pass in English at A1 Level was provided. UKBA could argue that the guidance is clear, and requires an A1 pass cert from an approved test provider. That said, I would hope that, if the visa is refused, either the ECM will use common sense and overturn the decision when the decision is reviewed after the appeal is submitted, or the Immigration Judge at the appeal will do so.

If the application is refused, then the applicant must pay either 80 GBP or 140 GBP to submit an appeal. The appeal must be submitted within 28 days, in the UK or online.

I have told the embassy that she has passed at A2 level. The embassy has emailed that they will process the application once the evidence has been received, I guess this is good news! waiting back on confirmation if the vantage siam certificate is enough or they want the cambridge certificate also. I have also asked if we should submit the certificate to the vfs or bring it directly to the embassy.

[tribalfusion001]

If they include the certificate, then you have been lucky kadafi, slap on the wrists, don't do it again, hope it goes well for you both!