English language requirement for settlement visa

[globalThailand]

My wife will need to take the IELTS for UKVI test.  This is the first application for spouse visa to join me in the UK and according to the Immigration Website that requires A1 in speaking and listening.

 

I've checked British Council and IDP websites and was about to register but I'm slightly confused by the options of; 

 

IELTS General Training for UK Visas and Immigration

or

IELTS Life Skills A1

 

Would I be correct in thinking the Life Skills test is the requirement?  Would the General Training also be valid? (I'm asking because there's a chance to take the General Test at an earlier date)

 

Thanks in advance

[7by7]

This is the Home Office Approved secure English language tests and test centres; if it's on there than it's acceptable.

 

Table one lists the approved tests, and both IELTS for UKVI and IELTS Life Skills are listed.

 

But for IELTS for UKVI the level starts at B1, not A1. If she's up to it, maybe go for this as B1, unless the government change it in the meantime, can also be used for her FLR and ILR applications.

 

Test centres in Thailand are on page 13.

[globalThailand]

Thanks for the info 7by7.  After double checking the available dates for the General Test we opted for the Life Skills through British Council at the Landmark hotel

 

15 hours ago, 7by7 said:

<snip>

But for IELTS for UKVI the level starts at B1, not A1.

 

 

A heads up re. the levels offered.  It seems A1 is available and offered by the British Council (See here).  I'm pretty sure my wife would do fine at B1 level but since it's only valid for 2 years I think we'll get the required A1 and cross the B1 bridge when it's necessary. 

[7by7]

6 hours ago, globalThailand said:

I'm pretty sure my wife would do fine at B1 level but since it's only valid for 2 years I think we'll get the required A1 and cross the B1 bridge when it's necessary. 

 

Bear in mind that once a pass has been used for a successful application it can, provided it is at or above the required level, be used again for all subsequent ones; even if the certificate has expired or the provider is no longer on the approved list.

 

See paragraph 32D of Immigration Rules Appendix FM-SE: family members specified evidence,

 

So if your wife is confident she can achieve B1 that's what I'd suggest she goes for as she will be able to use that pass for her FLR and ILR applications as well.

 

If unsure about B1, maybe go for A2 so she can use that for her FLR.

 

Unless the government move the goalposts at some future point of course!

[rasg]

Unless the government move the goalposts at some future point of course!

 

HI 7by7. Can you confirm that the Government have moved the goalposts for my wife's 2nd FLR please? She used A1 a few weeks ago before A2 came in. Presumably she is going to need A2 for the next FLR?

 

Thanks.

[7by7]

Afraid so.

 

A previous pass can only be used again if it is of the required grade.

 

As that for FLR is increasing to A2 (sorry, can't remember exactly when)  then she can't use her A1 pass again.

Edited December 2, 2016 by 7by7

[rasg]

That is what I thought but it's good to have it confirmed.

 

Thanks.

[brewsterbudgen]

I don't think A2 can be done in Thailand - only Life Skills A1 or B1.

[globalThailand]

On 12/2/2016 at 10:37 PM, brewsterbudgen said:

I don't think A2 can be done in Thailand - only Life Skills A1 or B1.

 

That seems to be the case as far as I can see.  As I understand it, it's A1 for the initial 33 month visa and A2 (available only in the UK) for the 2nd 33 month FLR(M).

 

On 12/2/2016 at 5:56 PM, 7by7 said:

 

Bear in mind that once a pass has been used for a successful application it can, provided it is at or above the required level, be used again for all subsequent ones; even if the certificate has expired or the provider is no longer on the approved list.

 

See paragraph 32D of Immigration Rules Appendix FM-SE: family members specified evidence,

<snip>

 

Thanks for the info 7by7... these gov guidance notes really do seem overly complex!  Paragraph 27(ii) seemed like the final word on the matter.

 

Quote

From Immigration Rules Appendix FM-SE: family members specified evidence Para 27 regarding language requirement (bold is mine)

 

(ii) that test was an English language test in speaking and listening which is approved by the Secretary of State, as specified in Appendix O, and was taken no more than two years before the date of application and at a test centre approved by the Secretary of State as a Secure English Language Test Centre.

 

Anyway, I was worried we'd miss the test date window so we booked A1 for mid December.  Thanks again for the advice... I'm sure I'll be bugging the forums some more in the coming days as we get closer to submitting the application.

 

 

Edited December 4, 2016 by globalThailand
Edited for clarity

[7by7]

7 hours ago, globalThailand said:

As I understand it, it's A1 for the initial 33 month visa and A2 (available only in the UK) for the 2nd 33 month FLR(M).

 

The actual requirements are:

• initial visa; A1 in speaking and listening
• FLR: A2 in speaking and listening (actually still A1 but increasing to A2 early 2017; sorry but I've forgotten the exact date)
• ILR: B1 in speaking and listening and passing the LitUK test.
• British citizenship: B1 in speaking and listening and passing the LitUK test; the same passes used for ILR can be used again for this.

Note that those who satisfy the speaking and listening requirement with an approved degree taught in English or by being a national of an Anglophone country still have to pass the LitUK test for both ILR and naturalisation.

 

7 hours ago, globalThailand said:

Paragraph 27(ii) seemed like the final word on the matter.

 

The "two year rule" specified in para 27(ii) only applies to the first time a certificate is used in a Leave to Enter or Remain application. I surmise that this is to ensure that the applicant's English is still up to the required standard following the principle of 'use it or lose it!'

 

However, as para 32D says, a certificate can be used again in subsequent Leave to Remain applications even if

• it has expired,
• the test provider is no longer on the approved list,
• the provider is, but test itself is no longer on the approved list and/or
• the test centre where it was taken is no longer on the approved list.

Provided the conditions of that paragraph are met:

• the certificate is of the required level or better
• the previous application was successful
• the applicant has had continuous leave as a partner or parent since the last grant of LTE or LTR. Even periods of overstaying can be disregarded if the conditions within brackets in 32D( d )(ii) are met.

 

I guess the reason being that UKVI assume the applicant has been speaking English regularly whilst living in the UK and thus their standard has improved or at worst stayed the same.

Edited December 4, 2016 by 7by7

[globalThailand]

Many thanks again 7by7.  Seems like the B1 would have been a good idea and perhaps saved a little cash (in this ever increasing expensive endeavour)

 

That being said the added pressure of passing a more difficult test would probably be the end for me... this process is stressful enough as it is!