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UK Conservative election win - are more visa changes likely?


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At the end of the day the law is the law, if you don't like then move to another country. If it is decided to deport someone because they failed the Speaking requirement then so be it. Everyone knows the requirements before coming here so why complain about the requirements saying it is too hard or by saying the life in the UK test is too hard my partner can not do. If it really is too hard for your partner then the best course of action would be not to come to the UK

Everyone doesn,t know the requirements before they come here......smart rrsss. The goalpost,s are being moved every year. An Flr form 2 years ago was 51 pages...now it,s 74pages and counting and probably after today it will be 80 plus. There was no financial requirement......now there is and likely to go up year after year. A Healthcharge being imposed on someone who is already paying tax and Ni contributions...simply because they can,t pass a History quiz that is not fit for purpose. So my wife of 8 years should be deported for not passing the Lituk Test ?

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B1 is not difficult (actually seems a lot less hassle than A1) so it is not unreasonable to expect a pass after 2 years living in the UK. Probably much harder for those nationalities where little English is spoken in the home. Not too many Thai's are in this situation but the few that are have the opportunity to study. Some cultures seem happy to live in non-English speaking ghettos and this requirement should ensure at least basic functional skills are there. Not sure we should be spending large sums of money on translation that could be spent on services.

LitUK is much tougher, takes serious application but is not unreasonable IMO. My sister in law practiced for months, had post-it notes on the walls and doors and passed second time around. This allows naturalisation which is a big, life altering thing. There is no suggestion that being unable to pass the LitUk test will lead to deportation.

I don't have that much sympathy for people that take the wrong tests. The information is out there and advice available at the cost of a little time and research.

We can discuss the fairness of the financial requirements until we are blue in the face but they are there and we just have to live with them.

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At the end of the day the law is the law, if you don't like then move to another country. If it is decided to deport someone because they failed the Speaking requirement then so be it. Everyone knows the requirements before coming here so why complain about the requirements saying it is too hard or by saying the life in the UK test is too hard my partner can not do. If it really is too hard for your partner then the best course of action would be not to come to the UK

So the UK spouse and foreigner should go elsewhere? And if the country of the foreign spouses imposes the same or thougher regulations(imagen a Thai B1 language requirement for those who wish to stay in Thailand)? Luckily there would be the EU with it's right of freedom of movement so a couple could migrate to an other EU/EEA nation, though it seems quite harsh to be forced to migrate from the UK/TH to an EU country. And without this directive you'd simply need to find some third countr willing to accept you both or break up? Doesn't sound very fair and just to me!

Similar conditions apply to bring a spouse to other European countries such as Germany or Denmark.

Inability to speak the host countries language has sometime lead to the spouse confined to a closed community and lack of integration.

That can be bad news if they are in a domestic violence relationship or want outside help to end a marriage.

My experience of Thai's in the UK is they speak English and integrate well.

Sadly with some other nationalities that is often not the case.

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At the end of the day the law is the law, if you don't like then move to another country. If it is decided to deport someone because they failed the Speaking requirement then so be it. Everyone knows the requirements before coming here so why complain about the requirements saying it is too hard or by saying the life in the UK test is too hard my partner can not do. If it really is too hard for your partner then the best course of action would be not to come to the UK

So the UK spouse and foreigner should go elsewhere? And if the country of the foreign spouses imposes the same or thougher regulations(imagen a Thai B1 language requirement for those who wish to stay in Thailand)? Luckily there would be the EU with it's right of freedom of movement so a couple could migrate to an other EU/EEA nation, though it seems quite harsh to be forced to migrate from the UK/TH to an EU country. And without this directive you'd simply need to find some third countr willing to accept you both or break up? Doesn't sound very fair and just to me!

As has been discussed a number of times, someone wanting to gain permanent residence in Thailand does have quite a lot of hoops to jump through.

As a spouse of a Thai spouse it is likely that I will remain a glorified visitor in Thailand however much of the year I choose to live there. I accept these are the rules and that to achieve full residence there would be lots of study and preparation.

The rules are different, UK residence is expensive, requires English skills but a passport will be forthcoming in time. Thailand is less expensive but much tougher to get a passport.

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Yes, Bob there are hoops to go through in Thailand for PR but we are talking about FLR here. There are ways of living in Thailand without having to go through the onerous hoops - not so the UK. Also it's very unlikely a law abiding foreigner will be deported from Thailand.

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I looked at the Queen's Speech with regard to the proposed immigration bill. Whilst the Tories reiterated their wish to "deport first appeal later" for ALL immigration cases I was a little heartened to see that there was nothing about improved English standards - unless I missed it! Doesn't mean that will not be in the Act though.

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I looked at the Queen's Speech with regard to the proposed immigration bill. Whilst the Tories reiterated their wish to "deport first appeal later" for ALL immigration cases I was a little heartened to see that there was nothing about improved English standards - unless I missed it! Doesn't mean that will not be in the Act though.

I do hope that when the act is debated and passed the Speaking requirement is increased to a much higher level, I would recommend B2 for ILR and B1 for FLR and that anyone who fails to achieve this level is deported

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I looked at the Queen's Speech with regard to the proposed immigration bill. Whilst the Tories reiterated their wish to "deport first appeal later" for ALL immigration cases I was a little heartened to see that there was nothing about improved English standards - unless I missed it! Doesn't mean that will not be in the Act though.

I do hope that when the act is debated and passed the Speaking requirement is increased to a much higher level, I would recommend B2 for ILR and B1 for FLR and that anyone who fails to achieve this level is deported

Anyone else like me get the feeling that this guy with 8 posts is just an unfortunate troll trying to wind people up?

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I looked at the Queen's Speech with regard to the proposed immigration bill. Whilst the Tories reiterated their wish to "deport first appeal later" for ALL immigration cases I was a little heartened to see that there was nothing about improved English standards - unless I missed it! Doesn't mean that will not be in the Act though.

I do hope that when the act is debated and passed the Speaking requirement is increased to a much higher level, I would recommend B2 for ILR and B1 for FLR and that anyone who fails to achieve this level is deported

Anyone else like me get the feeling that this guy with 8 posts is just an unfortunate troll trying to wind people up?

What Difference it makes to how many posts someone has made is beyond me however you are welcome to your opinion, however if you think it is right that in certain areas very people are able to converse in English and are now able to stay in this country with very little intention of learning the language or interrogating with English people,

I find this distasteful and if the option is to increase the English requirement then so be it and if someone is really anti it then simply do not come here.

A person would have 30 months to learn and pass a high level English test where before the person had 24 months to be up to B1 and Pass The life in the UK test to be able to get ILR. As the rules are now the person has 5 Years to pass the required tests and people are still complaining that it is too hard, now if you have been in a country for 5 years you really should be able to talk to people in English.

What would you prefer just let anyone come without ever been able to speak English, never truly integrate with people and find it incredibly hard to find employment if they are unable to communicate with anyone in English.

The speaking requirement should also be extended to Europeans which it already is to a point with the benefit system but it should go further.

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Sorry everyone but I really can't take this troll seriously. He bangs on about standards of English but he, himself, cannot write it properly - read his first paragraph!

Tell you what johnch1213 why not just have done with it and require a Ph.D for citizenship.

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I am an enthusiastic supporter of functional skills requirements for those settling in the UK. FLR is a temporary status with few rights beyond staying in the UK for a fixed time. It seems reasonable to expect the skills to have improved after two or so years living here so progression to a higher level seems appropriate.

Courses to improve English skills are not cheap for newly arrived non-EU citizens. There are no subsidies and to expect someone to face all the costs with visas, health surcharges etc to then have to face college fees of hundreds of pounds seems over the top to me.

There has to be a balance and A1/B1 strikes me as perfectly reasonable. LitUK is definitely much more of an obstacle for most but this is required for ILR.

As it stands the system requires very basic English on arrival. B1 at FLR would require a bit more functional English and ILR a bit more as there has to be a study component.

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I am an enthusiastic supporter of functional skills requirements for those settling in the UK. FLR is a temporary status with few rights beyond staying in the UK for a fixed time. It seems reasonable to expect the skills to have improved after two or so years living here so progression to a higher level seems appropriate.

Courses to improve English skills are not cheap for newly arrived non-EU citizens. There are no subsidies and to expect someone to face all the costs with visas, health surcharges etc to then have to face college fees of hundreds of pounds seems over the top to me.

There has to be a balance and A1/B1 strikes me as perfectly reasonable. LitUK is definitely much more of an obstacle for most but this is required for ILR.

As it stands the system requires very basic English on arrival. B1 at FLR would require a bit more functional English and ILR a bit more as there has to be a study component.

Again if you had done a little more research then you would have found that most local councils run English courses that allow the person to take the B1 test at the end of it and cost very little and if there partner are claiming any benefits they can also receive a discount on the course cost

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Sorry everyone but I really can't take this troll seriously. He bangs on about standards of English but he, himself, cannot write it properly - read his first paragraph!

Tell you what johnch1213 why not just have done with it and require a Ph.D for citizenship.

The main difference is, that you keep complaining about the requirements, wheres my wife just got one with and passed both tests with ease!

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I am an enthusiastic supporter of functional skills requirements for those settling in the UK. FLR is a temporary status with few rights beyond staying in the UK for a fixed time. It seems reasonable to expect the skills to have improved after two or so years living here so progression to a higher level seems appropriate.

Courses to improve English skills are not cheap for newly arrived non-EU citizens. There are no subsidies and to expect someone to face all the costs with visas, health surcharges etc to then have to face college fees of hundreds of pounds seems over the top to me.

There has to be a balance and A1/B1 strikes me as perfectly reasonable. LitUK is definitely much more of an obstacle for most but this is required for ILR.

As it stands the system requires very basic English on arrival. B1 at FLR would require a bit more functional English and ILR a bit more as there has to be a study component.

Again if you had done a little more research then you would have found that most local councils run English courses that allow the person to take the B1 test at the end of it and cost very little and if there partner are claiming any benefits they can also receive a discount on the course cost

Johnch1213

Would you please elaborate

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I am an enthusiastic supporter of functional skills requirements for those settling in the UK. FLR is a temporary status with few rights beyond staying in the UK for a fixed time. It seems reasonable to expect the skills to have improved after two or so years living here so progression to a higher level seems appropriate.

Courses to improve English skills are not cheap for newly arrived non-EU citizens. There are no subsidies and to expect someone to face all the costs with visas, health surcharges etc to then have to face college fees of hundreds of pounds seems over the top to me.

There has to be a balance and A1/B1 strikes me as perfectly reasonable. LitUK is definitely much more of an obstacle for most but this is required for ILR.

As it stands the system requires very basic English on arrival. B1 at FLR would require a bit more functional English and ILR a bit more as there has to be a study component.

Again if you had done a little more research then you would have found that most local councils run English courses that allow the person to take the B1 test at the end of it and cost very little and if there partner are claiming any benefits they can also receive a discount on the course cost

Johnch1213

Would you please elaborate

ESOL (ENGLISH FOR SPEAKERS OF OTHER LANGUAGES) Courses for learners who need to learn speaking, listening, reading and writing English as a second language. Learners work towards a national ESOL qualification. *ESOL course Costs £2 per hour or free/reduced fee for those on benefits; exams free. (Course costs £6 per hour plus cost of exam if not eligible). Fees can be paid in advance by instalments. For help and advice on ESOL classes please phone our FREE central enrolment number on 0800 988 0308

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1) You should have provided a link to the source of your quote.

Not only is doing so good netiquette (see forum rules, which you agreed to before you were able to post), it also allows members to see the actual source and the part you have quoted in context.

By putting the phone number in your unaccredited, and heavily edited, quote into Google, I see it comes from Leicestershire County Council.

2) According to that page, the qualification the course leads to is ESOL entry level 3.

This is no longer acceptable for ILR, and if the level for FLR is increased will not be acceptable for that, either.

The minimum requirement for ILR is B1 of the CEFR from one of the two UKVI approved providers.

So, although such a course will help a student bring their standard of English up to the required level, B1 of the CEFR and ESOL entry level 3 are essentially the same standard, and will also help the student in their studies for the LitUK test; the student will still need to take, pass and pay for the relevant exam with either Trinity College or IELTS.

3) As non EEA migrants are not able to claim most public funds until they have ILR, any discounts offered to those in receipt of certain benefits will not be available to them. So in your example they would be paying the full cost of £6 per hour.

Of course, other councils etc. may very well have different fees

Also, non EEA migrants are not eligible for home student fees until they have ILR; so may very well have to pay more; depending on which country of the UK they are living in as the rules are different in each.

4) It seems it is you who should have done a bit more research!

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1) You should have provided a link to the source of your quote.

Not only is doing so good netiquette (see forum rules, which you agreed to before you were able to post), it also allows members to see the actual source and the part you have quoted in context.

By putting the phone number in your unaccredited, and heavily edited, quote into Google, I see it comes from Leicestershire County Council.

2) According to that page, the qualification the course leads to is ESOL entry level 3.

This is no longer acceptable for ILR, and if the level for FLR is increased will not be acceptable for that, either.

The minimum requirement for ILR is B1 of the CEFR from one of the two UKVI approved providers.

So, although such a course will help a student bring their standard of English up to the required level, B1 of the CEFR and ESOL entry level 3 are essentially the same standard, and will also help the student in their studies for the LitUK test; the student will still need to take, pass and pay for the relevant exam with either Trinity College or IELTS.

3) As non EEA migrants are not able to claim most public funds until they have ILR, any discounts offered to those in receipt of certain benefits will not be available to them. So in your example they would be paying the full cost of £6 per hour.

Of course, other councils etc. may very well have different fees

Also, non EEA migrants are not eligible for home student fees until they have ILR; so may very well have to pay more; depending on which country of the UK they are living in as the rules are different in each.

4) It seems it is you who should have done a bit more research!

You will find that most if not all councils will give you a discount if your (UK Resident) partner is claim any means tested benefit (Source Leicestershire City Council)

http://www.leics.gov.uk/esol-2.pdf

http://www.leics.gov.uk/golearn_esol_courses_2014-15.pdf

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You will find that most if not all councils will give you a discount if your (UK Resident) partner is claim any means tested benefit (Source Leicestershire City Council)

http://www.leics.gov.uk/esol-2.pdf

http://www.leics.gov.uk/golearn_esol_courses_2014-15.pdf

Neither of your links say that; no mention of a partner at all. Did you read them?

Indeed, as anyone who knows anything about the settlement rules will know, although the British/UK resident partner can claim any and all public funds to which they are entitled, they cannot claim any extra due to their immigrant spouse, partner, other family member living with them until that person has ILR. Neither can the immigrant family member be included in any claim.

There are exceptions; the main two being child benefit and, as HMRC rules say they have to be claimed jointly by husband and wife, tax credits.

In addition, although if the sponsor is in receipt of certain benefits the financial requirement can be met by adequate maintenance, none of those benefits are income related (means tested as you put it). So if the British/UK resident partner is eligible for and receiving income related benefits then it is extremely unlikely that they will be earning enough for the financial requirement to be met when the time comes for FLR or ILR!

Of course, the applicant's income can be used towards the financial requirement for both FLR and ILR; but if they were working this would effect the amount of income related benefits their partner received; possibly to zero.

That is the reason for the minimum income level being set at £18,600 p.a. for a couple; more if children are applying. That is the income above which a couple are not eligible for income related benefits.

None of which, of course, alters the fact that the courses you have linked to do not lead to a B1 qualification, as you said they do.

As said before, anyone who takes an ESOL course and gains an ESOL qualification will still have to take, pass and pay for a UKVI approved test with an approved provider.

I am not knocking such courses, but they are not the cheap route to B1 you claim they are.

Edited by 7by7
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You will find that most if not all councils will give you a discount if your (UK Resident) partner is claim any means tested benefit (Source Leicestershire City Council)

http://www.leics.gov.uk/esol-2.pdf

http://www.leics.gov.uk/golearn_esol_courses_2014-15.pdf

Neither of your links say that; no mention of a partner at all. Did you read them?

Indeed, as anyone who knows anything about the settlement rules will know, although the British/UK resident partner can claim any and all public funds to which they are entitled, they cannot claim any extra due to their immigrant spouse, partner, other family member living with them until that person has ILR. Neither can the immigrant family member be included in any claim.

There are exceptions; the main two being child benefit and, as HMRC rules say they have to be claimed jointly by husband and wife, tax credits.

In addition, although if the sponsor is in receipt of certain benefits the financial requirement can be met by adequate maintenance, none of those benefits are income related (means tested as you put it). So if the British/UK resident partner is eligible for and receiving income related benefits then it is extremely unlikely that they will be earning enough for the financial requirement to be met when the time comes for FLR or ILR!

Of course, the applicant's income can be used towards the financial requirement for both FLR and ILR; but if they were working this would effect the amount of income related benefits their partner received; possibly to zero.

That is the reason for the minimum income level being set at £18,600 p.a. for a couple; more if children are applying. That is the income above which a couple are not eligible for income related benefits.

None of which, of course, alters the fact that the courses you have linked to do not lead to a B1 qualification, as you said they do.

As said before, anyone who takes an ESOL course and gains an ESOL qualification will still have to take, pass and pay for a UKVI approved test with an approved provider.

I am not knocking such courses, but they are not the cheap route to B1 you claim they are.

I do sincerely apologise to the one all mighty you obviously know more then Leicester city council you administer the course and issue guide lines to each learning center how very silly of me to think that you know more than a council so once again I do apologise on behalf of Leicester city council who seem to have got it wrong on many occasions in giving discounts to partners of people that are on some income related benefits. I shall inform them on Monday of there mistake the a person on a forum knows far more about there procedures then they do. When I do get a reply I shall of course inform you of there heart felt apology to the one all mighty.

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You will find that most if not all councils will give you a discount if your (UK Resident) partner is claim any means tested benefit (Source Leicestershire City Council)

http://www.leics.gov.uk/esol-2.pdf

http://www.leics.gov.uk/golearn_esol_courses_2014-15.pdf

Neither of your links say that; no mention of a partner at all. Did you read them?

Indeed, as anyone who knows anything about the settlement rules will know, although the British/UK resident partner can claim any and all public funds to which they are entitled, they cannot claim any extra due to their immigrant spouse, partner, other family member living with them until that person has ILR. Neither can the immigrant family member be included in any claim.

There are exceptions; the main two being child benefit and, as HMRC rules say they have to be claimed jointly by husband and wife, tax credits.

In addition, although if the sponsor is in receipt of certain benefits the financial requirement can be met by adequate maintenance, none of those benefits are income related (means tested as you put it). So if the British/UK resident partner is eligible for and receiving income related benefits then it is extremely unlikely that they will be earning enough for the financial requirement to be met when the time comes for FLR or ILR!

Of course, the applicant's income can be used towards the financial requirement for both FLR and ILR; but if they were working this would effect the amount of income related benefits their partner received; possibly to zero.

That is the reason for the minimum income level being set at £18,600 p.a. for a couple; more if children are applying. That is the income above which a couple are not eligible for income related benefits.

None of which, of course, alters the fact that the courses you have linked to do not lead to a B1 qualification, as you said they do.

As said before, anyone who takes an ESOL course and gains an ESOL qualification will still have to take, pass and pay for a UKVI approved test with an approved provider.

I am not knocking such courses, but they are not the cheap route to B1 you claim they are.

I do sincerely apologise to the one all mighty you obviously know more then Leicester city council you administer the course and issue guide lines to each learning center how very silly of me to think that you know more than a council so once again I do apologise on behalf of Leicester city council who seem to have got it wrong on many occasions in giving discounts to partners of people that are on some income related benefits. I shall inform them on Monday of there mistake the a person on a forum knows far more about there procedures then they do. When I do get a reply I shall of course inform you of there heart felt apology to the one all mighty.

One more thing sorry I did forget so if a person is claiming income related ESA and also DLA they are not exempt form the income requirements of a settlement visa?

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I am an enthusiastic supporter of functional skills requirements for those settling in the UK. FLR is a temporary status with few rights beyond staying in the UK for a fixed time. It seems reasonable to expect the skills to have improved after two or so years living here so progression to a higher level seems appropriate.

Courses to improve English skills are not cheap for newly arrived non-EU citizens. There are no subsidies and to expect someone to face all the costs with visas, health surcharges etc to then have to face college fees of hundreds of pounds seems over the top to me.

There has to be a balance and A1/B1 strikes me as perfectly reasonable. LitUK is definitely much more of an obstacle for most but this is required for ILR.

As it stands the system requires very basic English on arrival. B1 at FLR would require a bit more functional English and ILR a bit more as there has to be a study component.

Again if you had done a little more research then you would have found that most local councils run English courses that allow the person to take the B1 test at the end of it and cost very little and if there partner are claiming any benefits they can also receive a discount on the course cost

If you had done research you would have found that legally, newly settled non EU-citizens have to pay the overseas rate for a period and this is applied by local authorities even at basic language course levels.

http://www.ukcisa.org.uk/International-Students/Fees--finance/Home-or-Overseas-fees/

The general rules for home/EU rate are:

UK nationals and certain other people who have no restrictions on their stay in the UK

EU nationals and certain family members

People with the right of permanent residence in the UK

Non-UK EEA or Swiss nationals who are working in the UK, or certain family members of such a worker

Children of a Swiss national

Children of a Turkish national who is, or was, working in the UK

People who have been granted formal Refugee Status in the UK, and certain family members of people with Refugee Status

People who have applied for asylum in the UK who have been refused Refugee Status but have been granted Humanitarian Protection (and certain family members)

Many of us have been at this for some time!

Edited by bobrussell
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johnch1213, I am not claiming to know more than Leicestershire County Council, but I have actually read all the relevant information on their website; which you obviously have not.

Personal experience has also shown me that in many instances council officials have only a very basic understanding of the immigration rules; and often none at all!

If you want more details on the financial requirement, read this.

DLA is not purely income related; ESA is not one of the benefits which allow the requirement to be met by adequate maintenance.

Before making sarcastic comments about other people's posts, you really should check the accuracy of your own!

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Council officials and colleges providing further education courses were pretty unclear about who to charge what but that was several years ago. They are pretty much all well acquainted with the full rate that newly arrived settlers can be charged. Someone might be lucky and find a course offered at a subsidised rate but I very much doubt it.

That said, anyone doing an ESOL Skills for Life course will be very well prepared to pass B1 as it is a communication test rather than grammatical. Brilliant courses and highly recommended by my wife and a number of her friends but do not lead up to B1 as such.

Many colleges doing the B1 test will give a few hours practice sessions, ideal for those needing a little more confidence.

Don't bother contacting Leicester Council, they do already know the rules and charge the full rate unless someone has been in the UK for three years or more:

http://www.leics.gov.uk/index/education/further_higher_education/adult_education/golearn_getting_started.htm#fees

"Courses are available at the stated fee to all adults who can prove residency in the UK/ European Economic Area for 3 years prior to 1 September and who are not full time students at school, college or university (for adults in these categories the fee will be 2 times the stated amount to cover the actual cost)."

(I really should know better than to feed the troll!)

Edited by bobrussell
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johnch1213, I am not claiming to know more than Leicestershire County Council, but I have actually read all the relevant information on their website; which you obviously have not.

Personal experience has also shown me that in many instances council officials have only a very basic understanding of the immigration rules; and often none at all!

If you want more details on the financial requirement, read this.

DLA is not purely income related; ESA is not one of the benefits which allow the requirement to be met by adequate maintenance.

Before making sarcastic comments about other people's posts, you really should check the accuracy of your own!

If you get in contact with the loughborough moira centre they will indeed inform you that you are able to get a discounts on the courses that they administer and on that point I will say No more as you really are talking out of your arse

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johnch1213 - in my opinion your ignorance is only exceeded by your arrogance. The point here is not what courses and discounts are on offer. The point is about your attitude in thinking that it is right that foreign spouses/partners of UK nationals should be deported for failing to reach a certain standard of English.

The fact that you hold this view really does not concern me in the slightest. That's because I regard you as something of a joke especially when you yourself cannot write English properly - you have made numerous laughable errors in your posts none of which are typos. The problem about your views is that, extreme as they are, they seem to be held by a couple of other members in this forum and are starting to become mainstream thinking of our present government.

Let's just be crystal clear about this. You and others think it is correct to deport people who have lived here for up to 5 years, have established a family home here and possibly have British born children. You would think it is correct to send these people back to their country of origin regardless of the impact it would have on their families. You should be ashamed of yourself.

Yes if a person after 5 years of living in the UK can not pass A test that really is not too hard then yes they should be deported. After several years in Thailand I can speak fluent Thai so I would expect the same from a Thai person living in the UK

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