Requirements For Flr - New Rules

[durhamboy]

My Thai wife was recently granted a settlement visa to the UK under the new rules i.e. for 33 months after which she must then apply for Further Leave to Remain (FLR) and get another 30 months.

What are the requirements for FLR? - presumably they are the same as for settlement - income, accommodation etc plus that we have lived together over the previous period.

My main question is on the English Language Requirement and what exactly is required for FLR. Is it the same level (i.e. minimum A1) as for the settlement visa and, if so, are the passes she got for the settlement visa still valid or does she have to do new tests? Interestingly the passes she already got are valid for 2 years and therefore would have expired by the time she appies for FLR.

My understanding is that she does not need to pass the Life in the UK test for FLR but would have to pass it for ILR. Is that correct? If after the expiry of the first FLR she could not pass the Life in the UK test would she then have to apply for another FLR and so on until she passed the Life test?

Apologies if this all sounds a bit convoluted. I tried to find out the info on the UKBA website and I also looked at the Immigration Rules but it was a clear of mud especially with all these new rules.

Thanks

[durhamboy]

Mmmmmmm 105 views so far and no responses! Does this mean that no one knows the answers? I'm sure you do.

My main concern is that the English Language Test certificate that my wife got is valid for 2 years but she would be seeking FLR after nearly 3 years from the test. Seems to be an anomaly.

[7by7]

Financial and accommodation requirements are the same as at the initial visa stage. See Applying from within the UK and links from there.

Note, though, that the government have said that the minimum financial requirement will probably be increased each year.

As it is currently set at the level at which a British couple could not claim any income related benefits, then expect it to rise in line with this figure.

It seems strange that a test certificate should expire; if one's passed, one's passed.

I can only suggest that you contact UKBA to find out.

[The Learner]

It seems strange that a test certificate should expire; if one's passed, one's passed.

.

My wife passed the ESOL test, 2 years ago.

She did the A2

I was told there is no expiry.

However I also heard that (don't know if it's true) that another English test needs to be done, some years later?

May be it's for ILR?

And that the results for teh second test must be better than the first test by a degree, to prove she is improving her English.

I could well be so off teh mark here, I might as well me living on Mars or some where !!

learning

[7by7]

Yes, there is a further language requirement for ILR.

If applying for ILR before October 2013 you need to have passed the Life in the UK test or progressed at least one level on an ESOL with citizenship course, see here.

If applying for ILR from October 2013 you must have

• Passed the Life in the UK test. and
  
• Obtained level B1 of the CEFR in speaking and listening, or better
  

[durhamboy]

Thanks for the replies. The language passes here in Thailand (TOEIC & BULATS) do have a 2 year validity but that is probably to guarantee the achieved standard for use in Thailand e.g. you could apply for UK settlement visa anytime up to 2 years after passing.

If the candidate has already come to the UK then presumably the original pass is valid indefinitely. Still seems to be a bit of an anomaly though!

[Eff1n2ret]

Thanks for the replies. The language passes here in Thailand (TOEIC & BULATS) do have a 2 year validity but that is probably to guarantee the achieved standard for use in Thailand e.g. you could apply for UK settlement visa anytime up to 2 years after passing.

If the candidate has already come to the UK then presumably the original pass is valid indefinitely. Still seems to be a bit of an anomaly though!

I think you're sailing very close to the wind if you choose to submit a certificate whose validity is clearly limited by the issuer to 2 years. It may depend on exactly what it says on the certificate itself, but UKBA may consider themselves within their rights to refuse to accept one that is out of date, and the bodies who issue them presumably include a time limit for a reason.

Having said that, the word "valid" does not appear in the text of the relevant bit of the "Specified evidence" Appendix of the Immigration Rules, thus:-

27. Evidence of passing an English language test in speaking and listening must take the form of ....:

(a) a certificate that:

(i) is from an English language test provider approved by the Secretary of State for these purposes as specified in Appendix O of these rules

(ii) is a test approved by the Secretary of State for these purposes as specified in Appendix O of these rules

(iii) shows the applicant's name;

(iv) shows the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference); and,

(v) shows the date of award.

It's possible that you have discovered an anomaly created by the extension of the qualifying period from 2 to 5 years, and the validity of A1 certificates is something they didn't think about when changing the Rules. In your situation I would write to UKBA and seek clarification.

[durhamboy]

Thanks for that. I just tried to email them in the "Enquires When Applying in the UK" section (because the query really relates to this section) but as I'm in Thailand at the moment I seem to have been denied access so I guess I'll have to wait till I'm back in Blighty.

Surely this query is going to be raised more and more as people go for FLR under the new rules.

[Kevin1908]

"As it is currently set at the level at which a British couple could not claim any income related benefits, then expect it to rise in line with this figure"

Why then does the salary required salary level increase with the number of dependents applying? If it is based on the minimum level to claim income related benefits it should saty the say regardless. That would only be true for a single applicant surely.

[Somtamme]

"As it is currently set at the level at which a British couple could not claim any income related benefits, then expect it to rise in line with this figure"

Why then does the salary required salary level increase with the number of dependents applying? If it is based on the minimum level to claim income related benefits it should saty the say regardless. That would only be true for a single applicant surely.

7by7 is merely referring to the aims of this Gov't, who want to increase the salary threshold for all applicants including those with dependents. There will be two periods where this salary threshold becomes relevant, and so any applicant should be wary of this likely increase during the 5 year probationary period, otherwise a proportion of £64,000 savings will be required. In addition, it would be interesting to know how much the UKBA charges will also increase over this period.

I'm not sure what the issue is with regard to any guarantee when passing English language, ultimately this is a private matter between the organisation and awarding body. What is more important is the need to pass B1 and Life in UK from Oct 2013 from an accredited college.

[Somtamme]

Sorry, meant to say proportion of £62,500 (not £64,000)

[dracos]

I have the same question with relation to the validity of the test certificate.

My wife got B1 for speaking when applying for settlement visa but only A2 on listening. When it comes time for applying for ILR (post October 2013) I am wondering if she will need to re-do both or just re-do the listening test to meet the higher standard.

To me it would seem strange to submit a test certificate over 2 years old for speaking but one only a few months old for listening but I could not find anything in the new guidelines that suggests language test certificates expire or have to be sat around the same time (or even have to be from the same examining body?).

This is probably something we will not know until after October when ILR is refused (or not) because of the age of the test certificate presented.

[durhamboy]

Actually I had another look at my wife's BULATS certs and there is no reference on them regarding the 2 year validity so maybe it's a non-issue after all although I still think they guarantee the level achieved for 2 years - confusing!

[bangkockney]

Bulats has a two year validity.

See here:

http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/new-approved-english-tests.pdf