Latest UKBA FAQs about KOL & English language

[Universal soldier]

Hi guys,
A lot of members ask questions about English language requirement almost everyday. So, the following link give all answers about that in which UKBA give some further clarification in the form of faqs.

https://www.whatdotheyknow.com/request/ ... 20V2.0.pdf

[WR1]

There is far too much inconsistency, contradictions and incorrect information in that document. How much can one rely on the information provided.

2. Do I need to pass all parts of the qualification?

this section states:

We will not look at scores for each part of the test but the overall score, which must be at B1 CEFR level or above.

A link Vinny provided on this forum (cannot find it at the moment) involved a appeals process when an applicant submitted an IELTS certificate in which the subject achieved over 4 score for all elements expect the speaking which was at 3.5. The overall score was 4.5 and the solicitor for the appellant argued the overall band score of 4.5 meets the level of B1 CEFR. Visa was rejected, then It was rejected by the first tribunal as only the scores for speaking and listening were being considered and not the overall score. Appeal was also rejected by the upper tribunal.

3. What if your website says my qualification expires after 2 years?

This section states:

The expiry dates on that list do not apply to settlement or citizenship applications. If your test is on the attached list it will be acceptable.

This is different from the reply I received when I inquired regarding an expired IELTS certificate for settlement purposes. The two keys points of reply I received were:

We will accept qualifications at or above level B1 on the Common European Framework Reference for languages (CEFR) provided:

1) it has previously been accepted by us in connection with another immigration application, eg for entry clearance, or further leave to remain, or

2) if it is being presented to us for the first time, the qualification was taken in the UK and is on the OFQUAL register, regardless of the issue date of the certificate.

If it is being presented to us for the first time, and was taken outside the UK, then the expiry date will apply.

This contradicts the information as provided in the PDF link above as it someone has taken a IELTS qualification to level B1 outside the UK and not used in a previous application and after 2 years, this cannot be used for settlement purposes even though it is still of the list of acceptable qualifications.



RECOGNISED ENGLISH TESTS AND QUALIFICATIONS AT A LEVEL EQUIVALENT TO LEVEL B1 CEFR OR ABOVE

This sections list the acceptable qualifications by the home office, but we all know the investigations into the TOEFL scandal which has been withdrawn with immediate effect. Yet the home office is STILL showing it as acceptable and still contained within their list of acceptable qualifications.

[WR1]

Regarding Section 2, I've found the relevant case law for the upper tribunal (as provided by Vinny in the list of various case law under the sticky of Guidance section):

http://www.bailii.org/uk/cases/UKUT/IAC ... istan.html

On a further note, that comment in the PDF you posted is the first time I have come across any reference the home office not looking at individual scores but considering the overall score, as all their other documents including the rules state only speaking and listening is required as demonstrated in the case law above. Even the case law above in point 13 states:

Reading that guidance, it is clear that the overall score in itself is not sufficient to show that the appellant has a score which is the equivalent of level B1. Ms Fenney took us to the UKBA agency’s guidance headed “Information for Applicants on the New English Language Requirements for Partners” This guidance is, as we understand it, provided with the application form and so is something of which any applicant should be aware. Under the sub-heading of “Meeting the Requirement”, the guidance – in the form of question and answer – addresses the following question:

“I have taken a test at Level A1 which tested reading and writing as well as speaking and listening skills. I passed speaking and listening but failed to reach A1 in reading and writing. Can I still use this test?”

The guidance provides the following answer:

“Providing you can demonstrate you have passed in speaking and listening at Level A1 with one of the approved test providers you can use this evidence. We are only using tests which can show separate scores for speaking and listening skills.”

Point 14:

The guidance makes clear that the UKBA will take as the equivalent of a CEFR level a test result that reaches the equivalent level in the two elements of “speaking” and “listening skills”.