ILR - English B1 requirement - Tier 2 (general)
Posted: Mon Jan 13, 2014 12:38 pm
Someone is coming up to the end of their 5 year Tier 2 (general) work permit and would like to apply for ILR.
Obviously the Knowledge of Language requirement has recently been added so they will have to evidence speaking and listening ability to B1 standard.
I have read the detailed guidance, and the only possible exception that could apply in this case is 2.2 b) ii), that is, "that leave [ie, their original 5-year Tier 2 visa] was given on the basis that the applicant had an English language qualification at a minimum level of B1".
However, they don't have any records relating to their Tier 2 work permit application, because this was all handled by their employer (who also used a specialist agency).
So my question please is, how would they know whether or not their Tier 2 visa was given on the basis that they had an acceptable English language qualification? Can they ask the Home Office? Should they ask their employer to dig out the paperwork? Or can we automatically assume that a Tier 2 WP visa would only have been given on the basis of the applicant demonstrating B1 ability (which in this particular case was likely done through producing evidence of a professional qualification taught in English - and yes I know that this in itself does not meet the current requirements)?
Obviously the Knowledge of Language requirement has recently been added so they will have to evidence speaking and listening ability to B1 standard.
I have read the detailed guidance, and the only possible exception that could apply in this case is 2.2 b) ii), that is, "that leave [ie, their original 5-year Tier 2 visa] was given on the basis that the applicant had an English language qualification at a minimum level of B1".
However, they don't have any records relating to their Tier 2 work permit application, because this was all handled by their employer (who also used a specialist agency).
So my question please is, how would they know whether or not their Tier 2 visa was given on the basis that they had an acceptable English language qualification? Can they ask the Home Office? Should they ask their employer to dig out the paperwork? Or can we automatically assume that a Tier 2 WP visa would only have been given on the basis of the applicant demonstrating B1 ability (which in this particular case was likely done through producing evidence of a professional qualification taught in English - and yes I know that this in itself does not meet the current requirements)?