Trinity College A1 (UK) - Failed

[magicroundabout]

Hi Everyone,

A long time since I've used this forum - it was such a great help a couple of years ago when I was applying for my wife visa to the UK. Cant believe it was 2 years ago!! - Anyway, we have just started the process for extending her visa and she sat her A1 English test today with Trinity College( as I believe the BULTAS one expires after 2 years).

We are in a bit of shock as she failed - We honestly cant understand it....she speaks English every day and its improved so much over the last 2 years. I'm wondering if anyone has been in the same situation? Any words of advice would be appreciated.

Many Thanks

[7by7]

With respect; which test did she take?

Graded Examinations in Spoken English, which is equivalent to A1 and all that is required for FLR, or one of the harder Integrated Skills in English ones, which also test reading and can be up to B1, which is needed for ILR, or even higher? (See the list of approved providers)

If the former, then I suggest you contact Trinity to ensure there has been no mistake which mixed her result up with someone else's; it happens.

If the latter, then all I can suggest is she now takes the GRSE test.

[samsensam]

A1 level student should be able to:

Understand and use familiar everyday expressions and very basic phrases aimed at the satisfaction of needs of a concrete type. Can introduce him/herself and others and can ask and answer questions about personal details such as where he/she lives, people he/she knows and things he/she has. Can interact in a simple way provided the other person talks slowly and clearly and is prepared to help

if she is speaking english regularly and you are helping her by correcting her grammar and making sure she understands the correction and use correct grammar then she should be able to attain level A1.

however if you ignore her grammatical errors and speak english with incorrect grammar to her - basically mimicking her mistakes (as i hear the majority of native speakers doing with their low english level partners) then her grammar will not improve and she will fail A1

[durhamboy]

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/420531/20150406_immigration_rules_appendix_fm_se_final.pdf

Magicroundabout,

Sorry to hear that your wife failed A1 English after being here for 2 years. It just shows that it is not as easy as some people keep saying.

However, I do not think that she has to take the test because her original BULATS pass is still valid when applying for FLR.

Please read the above link and in particular section 32D. There you will see :-

1. Expired test results (yes, BULATS expires after 2 years) are still acceptable. Btw, this has been confirmed by the Home Office.

2. Whilst BULATS is no longer an approved provider the Home Office will still accept certificates where they were accepted in a previously successful visa application - in your case that would be your wife's original settlement visa application.

Now this last point has not been confirmed with the Home Office but it is clearly there in black and white. As of January this year applications for FLR under the new rules will have started to be made. So far no one has posted of any problems with their original certificates.

Please let us know how you get on.

[ironryon]

Thanks Durhamboy

That's a massive relief -

For anyone else here is section 32D -

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 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

© from a test centre which is no longer approved, or

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

provided that when the subsequent application is made:

[magicroundabout]

Hi,

I do love this forum - Durhamboy thanks! It would seem clear reading this that her test should still be valid.

The reason we sat the test is a friend of mine has just extended his wife's visa - He said he got the information from this forum that an expired English test could not be used to renew a visa and a new test was required. People had been refused visa trying to use the expired BULATS test - I take this is not the case? I took the advice on face value to be honest without double checking!

Hi, 7by7 She did take the GESE level 2 test - Speaking to my wife (now she got over the shock) she admitted she was very nervous and sometimes just gave one word answers. I think that was her downfall!

[ironryon]

Thanks Durhamboy...

My wifes settlement visa expires July 2nd and we are travelling to Thailand July 8th hoping to bring her daughter back with us for which a family settlement visa has just been applied for.

Therefore...because of the 30 day rule to apply for an FLR I think I have no choice but to use the premium service and go early June and apply- with the BULATS English language test certificate.

Cutting it very fine I know but all being well we will be successful.

If there are any issues with the BULATS English certificate Ill come back and let you all know.

[TCA]

My wifes settlement visa expires July 2nd and we are travelling to Thailand July 8th hoping to bring her daughter back with us for which a family settlement visa has just been applied for.

Therefore...because of the 30 day rule to apply for an FLR I think I have no choice but to use the premium service and go early June and apply- with the BULATS English language test certificate.

Cutting it very fine I know but all being well we will be successful.

If there are any issues with the BULATS English certificate Ill come back and let you all know.

Not sure if I'm understanding your situation correctly, but if it helps, your wife can apply for FLR 28 days before she has been in the UK for 30 months. i.e. date of UK entry plus 30 months minus 28 days. If I've got that wrong hopefully someone will correct me.

Thanks for letting us know re the BULATS acceptance for FLR. My wife is another in the same boat.

[ironryon]

Hi TCA

Thanks a lot..you might have just saved me last minute hassles and £400 or so ?

So visa granted 02.11.2012

30 months is 02.05.2015

28 days prior to that is 04.04.2015

If I'm getting it right...so we can apply now.

[durhamboy]

Hi,

I do love this forum - Durhamboy thanks! It would seem clear reading this that her test should still be valid.

The reason we sat the test is a friend of mine has just extended his wife's visa - He said he got the information from this forum that an expired English test could not be used to renew a visa and a new test was required. People had been refused visa trying to use the expired BULATS test - I take this is not the case? I took the advice on face value to be honest without double checking!

Hi, 7by7 She did take the GESE level 2 test - Speaking to my wife (now she got over the shock) she admitted she was very nervous and sometimes just gave one word answers. I think that was her downfall!

I very much have the feeling that a lot of people are taking unnecessary tests because they think that their BULATS tests are expired and/or because BULATS have been "struck-off".

I can understand why your friend thought a BULATS test would be refused because it had expired. That was the thinking in this forum for a long time. I think it was 7by7 who wrote to his MP about this and the response was that an expired certificate was not valid. However a subsequent letter to the Home Office elicited the response that it would be accepted as valid.

By the way, those with TOEIC passes may still have a problem. TOEIC was struck-off as a provider because of fraud whereas BULATS just voluntarily withdrew their tests.

As with ironryon please let us know what happens with your wife's FLR. Thanks.

[7by7]

Hi TCA

Thanks a lot..you might have just saved me last minute hassles and £400 or so ?

So visa granted 02.11.2012

30 months is 02.05.2015

28 days prior to that is 04.04.2015

If I'm getting it right...so we can apply now.

It's not the date the visa was granted that counts, it's the date she first used it to enter the UK.

So take that date, add 30 months, take of 28 days and that's the earliest she can apply.

Note that postal FLR applications can take three months or more to process, so if you want to travel to Thailand in July you may still need to use the premium service and pay the extra 400 quid.

[ironryon]

Printed halted...was on a mission to get this application in on Monday...paid the NHS surcharge last night????

Thanks for helping out 7by7

Date she entered the UK was 03.12.12

Works out we can apply for FLR 6th May.

Will definitely be needing that premium service.

Let's hope this English certificate will be accepted. I may even include section 32d with the certificate.

[durhamboy]

Ironryon, I think including a copy of the Section 32D with the English cert would be a good idea.

Good luck and please do let us know what happens. Thanks.

[ironryon]

Appointment booked for 7th May.?

I will put section 32d in and hope they dont see it as me telling them how to do their job ?

[fbf]

Hi, 7by7 She did take the GESE level 2 test - Speaking to my wife (now she got over the shock) she admitted she was very nervous and sometimes just gave one word answers. I think that was her downfall!

I'm sure nerves can play a part in this. If your wife needs to re-take the test, I recommend getting this book and CD:

http://www.amazon.co.uk/dp/0194397327/ref=pe_385721_51767431_TE_dp_1

I bought this for my fiancée and although she only had a couple of weeks to study it, I'm sure it helped. She got a pass with distinction but I realise it's hard to gauge the ability of someone you spend a lot of time with, and of course performance can vary on the day.

I've tended to be very strict with her English, and then reassured her that the test itself will be less strict than me. The fact that she'd studied the book probably helped both her ability and confidence.

The videos here (see the Grade 2 one) might help you gauge her ability too: http://www.trinitycollege.com/site/?id=2046

Hope that helps!

[ironryon]

Just been to Solihull for a FLR(M) application and my wife was successfully granted a further leave of 30 months.

I was armed with a copy of section 32d but it wasnt needed. We included her Cambridge bulats English test certificate. No problems or anything mentioned by the official at all.

Happy we got the visa just a bit gutted I got stung £1550 in total for the application and NHS Surcharge.