Withdrawal of Certain English A1 B1 Tests

[tonyk]

From today the ETS, Trinity ESOL Skills for Life and BULATS tests will not be accepted for UK visa applications. People already in the UK making applications for FLR or ILR will not be able to rely on these tests and will have to pass the relevant grade exam with a test provider on the approved list of suppliers. It is irrelevant that the test is still within the validity stated on the certificate.

[Basil B]

This is a great pity to those concerned.

Many people have taken these tests in good faith and through no fault of their own now find them invalid and need to obtain new tests at their own cost and inconvenience.

Should not the UK Government take some of the blame for this?

[durhamboy]

tonyk - can you please post a link from an authorative source to support what you have originally posted.

My understanding was that BULATS tests would no longer be accepted however those who had obtained them could continue to use them to support FLR applications (even if they were expired!)

Thanks

[7by7]

The Statement of changes to the Immigration Rules: HC532, 10 July 2014 says under 'Implementation'

(a) Appendix O as it applied on 31 July 2014 will apply to a person who makes an
application for entry clearance to enter the UK before 22 August 2014; and
( b ) Appendix O as it applied on 31 July 2014 will apply to a person who makes an
application for leave to remain in the UK before 1 August 2014.

Appendix O being the list of approved test providers.

So it seems that anyone applying for FLR or ILR after 1/8/14 who had passed one of these removed tests will need to sit their test again with a different provider.

BTW, this does not appear to have been a decision by the Home Office or UKVI

7.14. Changes are being made to remove all tests provided by Cambridge
International Examinations (CIE) from the list of approved English language tests on
1 August 2014. This is a scheduled withdrawal at this provider’s request.

7.15. Changes are also being made to remove specific tests provided by Cambridge
English (the BULATS Online test) and Trinity College London (ESOL Skills for Life
tests) from the list of approved English language tests on 1 August 2014. These
changes are being made at the providers’ requests. Other listed tests from these two
providers will continue to be accepted.

(My emphasis)

[petercr]

Will this have any impact on UK Settlement Visa applications, my wife passed the Speaking/Listening Bulats test in June for a Settlement Application being submitted

next week

[7by7]

Yes, as the quote from the statement says, the amendment applies to those who make an application for entry clearance (a visa) from 22/8; today.

[petercr]

Yes, as the quote from the statement says, the amendment applies to those who make an application for entry clearance (a visa) from 22/8; today.

Just to be clear my wife made her on-line application on 11th August and has an appointment with VFS for 3rd September .....................Will the on-line application date be the official application date or the appointment with VFS

[TCA]

7.14. Changes are being made to remove all tests provided by Cambridge

International Examinations (CIE) from the list of approved English language tests on

1 August 2014. This is a scheduled withdrawal at this provider’s request.

7.15. Changes are also being made to remove specific tests provided by Cambridge

English (the BULATS Online test) and Trinity College London (ESOL Skills for Life

tests) from the list of approved English language tests on 1 August 2014. These

changes are being made at the providers’ requests. Other listed tests from these two

providers will continue to be accepted.

(My emphasis)

If this is all at the providers' request, I don't understand why the immigration rules would change with regard to people who already had (in my wife's case) a BULATS online certificate. The providers are not affected by certificates they've already issued, so why ban acceptance of them. Going forwards for new applicants is fair enough, but this now just means needless additional hassle and expense for FLR (and possibly ILR) candidates. Thanks a lot.

Edited August 22, 2014 by TCA

[Tony M]

This is from the cambridge English website. According to them, the BULATS test is valid if it was taken before 30th June 2014. So, your wife's certificate might still be valid.

[petercr]

Thanks Tony M.................The same information regarding validity of Bulats tests is referred to by Vanatge and in other posts including the pinned post relating to UK Settlement Visa Basics.............

If I understand correctly, Bulats no longer offer the UK Visa test so it makes obvious sense that Bulats be withdrawn from the approved list of tests.

But why should this make all Bulats certificates invalid!!

[durhamboy]

The thumbnail posted by Tony M was my understanding of the situation i.e. BULATS certificates would still be valid for FLR purposes. In fact, it was discussed in a very similar topic a couple of months ago ending in broad agreement that they remain valid.

The Changes To The Rules posted by 7by7 seem to contradict this. However, being a legal document it is very difficult for the layman to understand.

As usual with these English tests I am confused. It would not be the first time that the Home Office has failed to grasp the implications of its own rules. Remember the fiasco about expired English certificates where we were given the wrong advice in writing (from the Home Office via an MP I seem to recall). This issue is very similar - what is the point of refusing to accept previously accepted bona fide certificates?

Can anyone give a definitive response in plain English?

Thanks.

[elvisp1977]

I submitted my wife's online visa application on 22.8.14 with her A1 certificate which she took in April...i had no idea of this change to the rules..i was aware that Bulat's tests would be invalid from June but that she would be able to use the certificate in her application. My wife submits her visa on 3rd September too.

Any idea's?

Thanks in advance.

[petercr]

I submitted my wife's online visa application on 22.8.14 with her A1 certificate which she took in April...i had no idea of this change to the rules..i was aware that Bulat's tests would be invalid from June but that she would be able to use the certificate in her application. My wife submits her visa on 3rd September too.

Any idea's?

Thanks in advance.

The feedback I have received so far (via PM) supports opinion that the on-line date is the official submission date, after all this is what the application states and also when you pay for the visa service. I also stated Bulats @ A2 level when I answered the question about english tests.........However

No one seems to be sure!!!

It would be useful to have Visa Express comment on the applicable submission date & maybe they have clients in a similar situation

[marksm]

HI

I recently applied for my wife's ILR and we used Trinity London Esol for her Speaking and Listening .

what effect will it have on us using it on her naturalisation application ? if any

[tonyk]

For naturalisation only the accepted test used for ILR is required no further test is necessary.

What is really worrying about this little publicised change to the requirements is the fact that in early 2015 many people from around the World, not just Thailand, will be completing their first 30 months and applying for the next 30 months Further leave to remain. They will be aware that an expired certificate is acceptable but will not be aware that this does not apply to a certificate that has been removed from the approved list. It will be interesting to see what the Home Office policy will be on this.

The official link to see this change is https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/339524/20140801_Transitional_arrangements_for_Appendix_O.pdf

[ThaiVisaExpress]

For naturalisation only the accepted test used for ILR is required no further test is necessary.

What is really worrying about this little publicised change to the requirements is the fact that in early 2015 many people from around the World, not just Thailand, will be completing their first 30 months and applying for the next 30 months Further leave to remain. They will be aware that an expired certificate is acceptable but will not be aware that this does not apply to a certificate that has been removed from the approved list. It will be interesting to see what the Home Office policy will be on this.

The official link to see this change is https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/339524/20140801_Transitional_arrangements_for_Appendix_O.pdf

TonyK, thanks for posting the link. I think that answers petercr's question nicely without me having to go searching for it !

Tony M

[keithsimmonds]

For naturalisation only the accepted test used for ILR is required no further test is necessary.

What is really worrying about this little publicised change to the requirements is the fact that in early 2015 many people from around the World, not just Thailand, will be completing their first 30 months and applying for the next 30 months Further leave to remain. They will be aware that an expired certificate is acceptable but will not be aware that this does not apply to a certificate that has been removed from the approved list. It will be interesting to see what the Home Office policy will be on this.

The official link to see this change is https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/339524/20140801_Transitional_arrangements_for_Appendix_O.pdf

TonyK, thanks for posting the link. I think that answers petercr's question nicely without me having to go searching for it !

Tony M

Yes or No

No decision by Uk Visa & Immigration has been decided as to wether an Ets Toiec pass is exceptable for Flr if the application was received and paid for before the 1st of June 2014?

[ThaiVisaExpress]

For naturalisation only the accepted test used for ILR is required no further test is necessary.

What is really worrying about this little publicised change to the requirements is the fact that in early 2015 many people from around the World, not just Thailand, will be completing their first 30 months and applying for the next 30 months Further leave to remain. They will be aware that an expired certificate is acceptable but will not be aware that this does not apply to a certificate that has been removed from the approved list. It will be interesting to see what the Home Office policy will be on this.

The official link to see this change is https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/339524/20140801_Transitional_arrangements_for_Appendix_O.pdf

TonyK, thanks for posting the link. I think that answers petercr's question nicely without me having to go searching for it !

Tony M

Yes or No

No decision by Uk Visa & Immigration has been decided as to wether an Ets Toiec pass is exceptable for Flr if the application was received and paid for before the 1st of June 2014?

Doesn't this answer the question ? It is in the Transitional Arrangements ( the last sentence in the section on TOEIC). If that is not the answer, then, at the moment, I don't know where to find it :

(c ) Appendix O as it applied on 30 June 2014 will apply to a person who makes an application for leave to remain in the UK before 1 July 2014.

Tony M

Edited August 24, 2014 by ThaiVisaExpress

[7by7]

The question is also answered in post 4!

The Statement of changes to the Immigration Rules: HC532, 10 July 2014 says under 'Implementation'

(a) Appendix O as it applied on 31 July 2014 will apply to a person who makes an
application for entry clearance to enter the UK before 22 August 2014; and
( b ) Appendix O as it applied on 31 July 2014 will apply to a person who makes an
application for leave to remain in the UK before 1 August 2014.

Appendix O being the list of approved test providers.

So it seems that anyone applying for FLR or ILR after 1/8/14 who had passed one of these removed tests will need to sit their test again with a different provider.

[PeeJay1959]

So pardon me for being dim and butting in. Does this also apply to new applications for settlement? My wife took Bulats earlier this year and passed and is due to apply for her settlement visa in November. Does she need a new test?

Pete and Tia

[7by7]

Afraid so, as it says in the above quote, the tests in question will no longer be accepted for entry clearance, that is visa, applications from 22/8/14.

[PeeJay1959]

Thanks 7x7, oh well more money and a 1000k round trip for the Mrs then, she'll be pleased (not) and more money in Vantage Siams pocket

Pete and Tia

[PeeJay1959]

This is utterly ridiculous, surely an A1 pass is an A1 pass, how can they suddenly say just because it's wit a certain provider it is no longer valid? It's like saying if you took your driving test in one town it's no longer valid but in another it's ok. Geeee it makes me seeth, the hoops we have to jump through are bad enough without this!!!!

Pete and Tia

[tonyk]

Yes, as the quote from the statement says, the amendment applies to those who make an application for entry clearance (a visa) from 22/8; today.

Just to be clear my wife made her on-line application on 11th August and has an appointment with VFS for 3rd September .....................Will the on-line application date be the official application date or the appointment with VFS

Neither the online application date nor the VFS appointment date are the date of application. The date of application is the date that UKVI receive a successful payment-Immigration Rule 6. This is normally the date of online submission but if the card issuer, Bank, Paypal etc delay the payment for any reason the visa application date is the date that the monies are received.

[Tony M]

Yes, as the quote from the statement says, the amendment applies to those who make an application for entry clearance (a visa) from 22/8; today.

Just to be clear my wife made her on-line application on 11th August and has an appointment with VFS for 3rd September .....................Will the on-line application date be the official application date or the appointment with VFS

Neither the online application date nor the VFS appointment date are the date of application. The date of application is the date that UKVI receive a successful payment-Immigration Rule 6. This is normally the date of online submission but if the card issuer, Bank, Paypal etc delay the payment for any reason the visa application date is the date that the monies are received.

Thanks, tonyk. That would be interesting if the applicant claims to have submitted and paid on the 21st August, and the UKVI claim the payment wasn't received until the 22nd.

But, you remind me of an application I dealt with when I was working for a visa company some years ago. An applicant and her British sponsor came to see me, the applicant having been refused two visit visas. The reason for refusal in both applications was deception, and she was now banned from applying for visas for ten years. According to the ECO, she had stated "no" to the question " Have you ever applied for a UK visa before". The ECO stated that they had evidence that she had previously applied for a UK visa, and she was therefore lying in both of the applications. It transpired that she and her boyfriend had gone to VFS, paid the fee at the bank, and tried to submit the application. There were some documents missing, and VFS gave her the option of going away, getting the missing documents, and coming back. She agreed, and went away, taking the fee receipt from the bank with her. VFS, however, had already taken her biometrics ! So, when she actually did apply, the ECO found the matching fingerprints in the data bank, saw she had stated "no" to any previous applications, and refused the application. She then reapplied, stating what had happened at VFS the first time she went there, but was again refused, this time with a ten year ban. I argued to the Embassy that there had been no application as no fee had been paid, and the UKBA had received no payment. I also argued that the UKBA had illegally retained the "applicant's" biometrics, as the law only allowed them to retain fingerprints from someone who had applied for a visa. The ten year ban was removed, and the refusal decision was overturned. I don't think the Embassy has forgiven me yet !

[Tony M]

This is utterly ridiculous, surely an A1 pass is an A1 pass, how can they suddenly say just because it's wit a certain provider it is no longer valid? It's like saying if you took your driving test in one town it's no longer valid but in another it's ok. Geeee it makes me seeth, the hoops we have to jump through are bad enough without this!!!!

Pete and Tia

It's because the provider, ETS, allegedly provided fraudulent test passes ( other people were taking the exam for the visa applicants). This all happened in the UK, but the provider was blacklisted globally. There was a Panorama programme on it, I think.

[petercr]

Tony K....................If you have a link to rule 6 it would be appreciated

My wife takes her paperwork in on 3rd September & this rule would remove any doubt BULATS should be accepted as we paid on the 11th August

[durhamboy]

With respect to all you guys who are trying to answer the question about test validity for FLR I still don't think that the issue has been resolved.

The Home Office policy document says "Appendix O as it applied on 31 July 2014 will apply to a person who makes an application for leave to remain in the UK before 1 August 2014."

Because the tests in question have been removed it infers that they are not acceptable for applications for FLR after 1st August 2014. However, it does not categorically say this. As far as I know they have not said what will be acceptable for FLR after that date.

BULATS particularly concern me as it is the one my wife has. Does anyone know why BULATS was removed from the approved list? TOEIC was removed because of widespread fraud but, as far as I am aware, that is not the case with BULATS. I would suggest that someone in the Home Office decided that, after 3 years of testing, BULATS is no longer suitable. Meanwhile those who passed the test in good faith and have been improving their English further by using English every day for 2 1/2 years must now retake another test!!!!!!!

So what happens if someone is unaware of this change and applies for FLR with a BULATS certificate obtained 2 1/2 years ago in good faith. I fear there will be many of these in the future. What the hell is the Home Office going to do?

- deport them?

- take them to an immigration detention centre until they pass another test?

- make them re-apply for FLR and pay another £600?

This issue will hit the fan in early 2015.

Once again the Home Office is treating settlement visa applicants with contempt.

Edited August 25, 2014 by durhamboy

[keithsimmonds]

The question is also answered in post 4!

The Statement of changes to the Immigration Rules: HC532, 10 July 2014 says under 'Implementation'

(a) Appendix O as it applied on 31 July 2014 will apply to a person who makes an

application for entry clearance to enter the UK before 22 August 2014; and

( b ) Appendix O as it applied on 31 July 2014 will apply to a person who makes an

application for leave to remain in the UK before 1 August 2014.

Appendix O being the list of approved test providers.

So it seems that anyone applying for FLR or ILR after 1/8/14 who had passed one of these removed tests will need to sit their test again with a different provider.

I received a letter on saturday from my Mp P.Hammond from Sarah Rapson Director General Uk Visa & Immi that my wifes application for Flr received on the 15th May is still on hold pending further investigations into the english test (ETS Toiec) that we submitted. The letter dated from her was 10/08/14. Is this a case of the left hand not knowing what the right hand is doing.

What annoys me more than anything else is the letter states if my wife wants to submit another english test she can, but her application will not automatically be successful until a full assessment of her application against all other requirementsof the Immigration rules has been carried out. 15 weeks!!!! and we are no further forward.

Clarity and factual evidence is all i want.

Thanks

[7by7]

Does anyone know why BULATS was removed from the approved list? TOEIC was removed because of widespread fraud but, as far as I am aware, that is not the case with BULATS. I would suggest that someone in the Home Office decided that, after 3 years of testing, BULATS is no longer suitable

this does not appear to have been a decision by the Home Office or UKVI

7.14. Changes are being made to remove all tests provided by Cambridge

International Examinations (CIE) from the list of approved English language tests on

1 August 2014. This is a scheduled withdrawal at this provider’s request.

7.15. Changes are also being made to remove specific tests provided by Cambridge

English (the BULATS Online test) and Trinity College London (ESOL Skills for Life

tests) from the list of approved English language tests on 1 August 2014. These

changes are being made at the providers’ requests. Other listed tests from these two

providers will continue to be accepted.

(My emphasis)