Acceptance of Struck Off English Tests for FLR

[durhamboy]

A few months ago you may recall that BULATS English tests were struck off the Home Office's list of approved providers. At that time we had quite lenthy discussions as to whether or not BULATS test passes (originally obtained for the initial settlement visa) would still be valid when it came to the applicant applying for FLR. I think the general concensus was that they would not be valid although no one knew because the first such applications would not be until early 2015.

It seems that the Home Office has realised that this is potentially a huge problem and, for once, been proactive and introduced an amendment to the rules that appears to allow previously accepted bona fide test passes to be accepted for FLR.

Details are contained in https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/370978/20141106_mmigration_rules_appendix_fm_se_final.pdf

The section relating to this topic is 32D which says :-

"If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decision-maker may accept that certificate or result as valid if it is:

(a) from a provider which is no longer approved, or

( from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or

© past its validity date (if a validity date is required under Appendix O),

provided that when the subsequent application is made:

(i) the applicant has had continuous leave (disregarding any period of overstaying of no more than 28 days) as a partner or parent since the Home Office accepted the test certificate as valid; and

(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix. "

I'm not sure if TOEIC passes would also be accepted. The difference between TOEIC and BULATS is that they were struck off for different reasons - TOEIC for fraud, BULATS because the provider withdrew them. Para. 32B may exclude TOEIC but it is not crystal clear.

[ThaiVisaExpress]

This is interesting, and seems to contradict information given to us by UKVI Bangkok just last month ( unless I am misreading it). UKVI Bangkok informed us on 28th October 2014 that BULATS tests taken prior to 30th June 2014 would be accepted by them in UK settlement visa applications until the test pass certificate expires. The information included in the latest version of Appendix FM-SE contradicts this. It says :

32A. For the avoidance of doubt paragraphs 27 to 32D of this Appendix apply to fiancé(e), proposed civil partner, spouse, civil partner, unmarried partner and same sex partner

applications for limited leave to enter or remain made under Part 8 of these Rules where English language requirements apply, regardless of the date of application. Paragraphs 27 to 32D of this Appendix also apply to spouse, civil partner, unmarried partner and same sex partner applications which do not meet the requirements of Part 8 of these Rules for indefinite leave to remain (where the application is for indefinite leave to remain) and are being considered for a grant of limited leave to remain where paragraph A277A( of these Rules applies. Any references in paragraphs 27 to 32D of this Appendix to “limited leave to enter or remain” shall therefore be read as referring to all applicants referred to in this paragraph.

32B. Where the decision-maker has:

(a) reasonable cause to doubt that an English language test in speaking and listening at a minimum of level A1 of the Common Framework of Reference for Languages relied on at any time to meet a requirement for limited leave to enter or remain in Part 8 or Appendix FM was genuinely obtained; or

(b ) information that the test certificate or result awarded to the applicant has been withdrawn by the test provider for any reason, the decision-maker may discount the document and the applicant must provide a new test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.

32C. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result which has ceased by the date of application to be:

(a) from an approved test provider, or

(b )in respect of an approved test, the decision-maker will not accept that certificate or result as valid, unless the decision-maker does so in accordance with paragraph 32D of this Appendix and subject to any transitional arrangements made in respect of the test provider or test in question.

32D. If an applicant applying for limited leave to enter or remain under Part 8 or Appendix FM submits an English language test certificate or result and the Home Office has already accepted it as part of a successful previous partner or parent application (but not where the application was refused, even if on grounds other than the English language requirement), the decisionmaker may accept that certificate or result as valid if it is:

(a) from a provider which is no longer approved, or 28

(b ) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or

(c ) past its validity date (if a validity date is required under Appendix O), provided that when the subsequent application is made:

(i) the applicant has had continuous leave (disregarding any period of overstaying of no more than 28 days) as a partner or parent since the Home Office accepted the test certificate as valid; and

(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix.

I assume that this was in a recent Command paper (?) but I admit that I must have missed it. I will research it. In the meantime, I coincidentally sent an enquiry yesterday to UKVI on this very subject ( see thread http://www.thaivisa.com/forum/topic/553269-uk-settlement-visa-application-waiting-times-bangkok/). I will let you know what response I receive.

Edit : I have found the reference. It is on page 58 of House of Commons Command Paper 693 ordered on 16th October 2014. The new rules were put in place on the 6th November 2014. I am disappointed that the government seem to have "snuck" this in, and even more disappointed that UKVI Bangkok didn't think it fit to inform us of the proposed change when we were in correspondence with them just a week before the change was imposed.

Tony M

Edited November 26, 2014 by ThaiVisaExpress

[durhamboy]

Yes Tony these changes were introduced this month. I give the Home Office credit for at least foreseeing the problem.

Btw, just to make things clearer in a sea of mud, they say they will only accept certificates from providers that have been struck off where they had previously accepted them for a prior application (eg the settlement visa). So my understanding is that they will not accept them for the initial settlement visa.

I have sent you a PM about this.

[ThaiVisaExpress]

Yes Tony these changes were introduced this month. I give the Home Office credit for at least foreseeing the problem.

Btw, just to make things clearer in a sea of mud, they say they will only accept certificates from providers that have been struck off where they had previously accepted them for a prior application (eg the settlement visa). So my understanding is that they will not accept them for the initial settlement visa.

I have sent you a PM about this.

That's the way I read it too. It seems somehow wrong that they didn't inform us of the changes in their email correspondence of 28th October ( a week before the changes). But, it looks like they didn't inform VFS either, as we understand that VFS have accepted applications with BULATS certificates despite the changes to the law.

Cambridge English were not "struck off". They decided to discontinue the BULATS test, and they replaced it with the KET test. That is why the BULATS certificates were still accepted as valid ( that is, neither the tester nor the applicant had done anything wrong), and discontinuing the test itself did not invalidate the fact that applicant had passed an acceptable examination. It seems illogical to now say that the test pass becomes invalid.

Tony M

[TCA]

Thanks for posting durhamboy. That's great news, assuming it still counts at this time next year, which is about the earliest my wife can apply for FLR.

[ThaiVisaExpress]

Thanks for posting durhamboy. That's great news, assuming it still counts at this time next year, which is about the earliest my wife can apply for FLR.

I agree, great post, durhamboy. Thanks for bringing it to our, and everyone else's attention.

Tony M

[bobrussell]

Encouraging to see a bit of good sense from the Home Office. They still have the get out of jail card where they suspect the exam was dodgy!

The secretly filmed Panorama test showed disgusting behaviour that belittles the hard work put in by the majority of applicants.

[n00b123]

So if I understand correct, the BULATS test I submitted in 2012 for FLR should still be accepted next year for renewal? I don't need to take a new test? For calrification my visa was granted in 2012. Thanks in advance.

[durhamboy]

So if I understand correct, the BULATS test I submitted in 2012 for FLR should still be accepted next year for renewal? I don't need to take a new test? For calrification my visa was granted in 2012. Thanks in advance.

Yes that is my understanding but I suppose the real acid test of all this is when people make their FLR applications for visas granted under the new rules. The new rules are from July 2012 and these people were given visas for 2 1/2 years so they will start applying for FLR from January 2015 onwards with BULATS test passes.

The other caveat is that the Home Office could make even further changes to the rules if they want to! Let's hope not!