Take A Toeic Test Whilst On A Uk Visitor Visa?

[mark604]

Hello

Does anyone know if my partner who is currently in the UK on a 6 months visitor visa would be allowed to take a TOEIC english language test whilst she is still in here or would she have to take the test in Thailand? We are getting maried in Thailand in August and plan to apply for a 30 month UK settlement visa afterwards. I am guessing that under the terms of the visItor visa she would not, strictly speaking, be allowed to take a TOEIC study course or the test whilst she is here. If anyone could confirm that for me as I do not want to jeopardise any future visa application.

Thanks

Mark

[7by7]

She can take the test, but she can't undertake a course of study for it.

List of approved test providers.

[GarryUK]

Wow, I'm going round in circles on the UKBA website. Via your link 7by7 I've found the nearest approved test centre, but I'm confused as to what test should be taken as there are so many different tests.

My GF's general visitor visa was approved so she'll be coming next week. She speaks, reads and writes English pretty good. All being well we'll be marrying in October whereupon we'll be applying for her to return on a spouse visa and we'll work our way through the rigmarole of further leave to remain and indefinite leave to remain, so what test should she be looking to take? Can we do something that covers all the requirements going forward, or is it not so straightforward?

[mark604]

I have booked the GESE Grade 2 exam at the following site which is a 6 minute interview and recognised by the UKBA...

http://www.trinitycollege.co.uk/site/?id=2094

[GarryUK]

So if she can pass the GESE at grade 5 (B1) that'll cover her English requirements for both the spouse visa (grade 2) and settlement (grade 5)? I see she'll have to pass the Life In The UK test as well so I'm looking for the 2013 book(s) already, and the changes that come in on the 28th October will affect us as we'll only just have got married and submitted the spouse visa application.

Just read about the 2 year validity period for immigration purposes so it'll be no good by the time we reach the ILR stage

Edited June 9, 2013 by GarryUK

[Cambodianspouse]

I have booked the GESE Grade 2 exam at the following site which is a 6 minute interview and recognised by the UKBA...

http://www.trinitycollege.co.uk/site/?id=2094

Mark I would be very interested to know if you submitted your English language certificate from the UK and if it was anyway queried with the entry clearance officer.

I asked as the clerk at the embassy queried mine saying that it could be deemed as study and result in a refusal and 10 year ban on replying, not really what my wife wanted to hear most distressing.

Many thanks.

[7by7]

Certificates obtained in the UK, or anywhere, from an approved provider are acceptable.

There was recently a post from a member whose wife took the English test whilst on holiday in the UK and the VAC in Bangkok did not want to accept the certificate as they did not recognise it. The member and his wife, rightly, insisted that the application be submitted as was, and she got her visa.

General visitors to the UK are not allowed to undertake a course of study, but they are allowed to take an exam.

Even if she did study whilst in the UK as a general visitor, the possibility of a ban for breaking the general visitor rules would not apply to a settlement application.

If concerned, say in your supporting letter that she did not study; she only took the exam.

From your user name I assume that your wife is Cambodian and applying in Phnom Penh, but the rules are the same.

[Cambodianspouse]

Thanks 7by7, I did indeed apply in Phnom Penh all Cambodian applications are processed through Bangkok. I did state in my supporting letter that my wife neither worked or studied during her 5 months visitors visa stay, although I made no specific reference as I didn't feel the need (until I met the clerk).

I may be over worrying but I feel that the ECOs are looking for any little detail to refuse or delay is this the case?

Worst case scenario would they query the fact that they felt she may have studied or simply refuse and expect me to appeal?

[7by7]

No, ECOs are not looking for any little detail to refuse or delay; they are looking to see if the requirements for the visa applied for are met.

Technically, they could contemplate a refusal under para 320(11)(ii) if they were sure she had breached the conditions of her visit visa by studying. But the key words in that paragraph are "contrived in a significant way."

I don't see how they could justify a brief course of study so she could take her English exam being contriving in a significant way!

Anyway, you have stated in your supporting letter that she didn't study, and they should accept that. How can they expect you to prove that she didn't? They have to prove that she did to justify any thoughts of a refusal on that ground alone.

As already said, I know of at least one member of this board whose wife took her English exam whilst in the UK as a visitor and had no problem with her settlement application.

Don't worry over this point.

[Cambodianspouse]

7by7 many thanks for putting my mind at rest, just hope it gets processed in time to get her here for Christmas now!

Once again many thanks.