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Spouse visa extension.... retake English test!?

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reda
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Spouse visa extension.... retake English test!?

Post by reda » Mon Jun 13, 2016 12:04 am

My wife is going to apply for her spouse visa extension soon and need to pass English test level A1 (submit before October), she already did this as part of her initial visa application in Algeria 2.5 years ago
she did Cambridge English Key (KET) mark pass with merit, which is equivalent to A2
can be used again if used in a previous successful application(Appendix FM-SE clause 32D)?

reda
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Re: Spouse visa extension.... retake English test!?

Post by reda » Tue Jun 14, 2016 9:47 pm

any one can help?

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ILR1980
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Re: Spouse visa extension.... retake English test!?

Post by ILR1980 » Wed Jun 15, 2016 12:10 am

yes she can re-use this previous certificate if applying under same immigration category and has successfully used it before to satisfy the language requirement

Its changing from October 2016 as you will need to pass A2 or higher

reda
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Re: Spouse visa extension.... retake English test!?

Post by reda » Fri Jun 17, 2016 12:54 pm

thank you for your quick answer
my wife has Cambridge English Key (KET) which is not any longer approved by the Home Office and i read on home office site only B1 level qualification can be used again if used in a previous successful application

is it true?

vinny
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Re: Spouse visa extension.... retake English test!?

Post by vinny » Fri Jun 17, 2016 1:31 pm

Can you give a link?
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ILR1980
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Re: Spouse visa extension.... retake English test!?

Post by ILR1980 » Fri Jun 17, 2016 11:36 pm

reda wrote:thank you for your quick answer
my wife has Cambridge English Key (KET) which is not any longer approved by the Home Office and i read on home office site only B1 level qualification can be used again if used in a previous successful application

is it true?
Read this

2.5. Applicants who already have a test certificate or result

A partner or parent applying for leave to enter or leave to remain is not required to provide evidence of meeting the English language requirement if they have done so as part of a successful previous application as a partner or parent. Paragraph 32D of Appendix FM-SE provides for when this earlier test certificate or result can and cannot be used

This flexibility does not apply in circumstances where a test certificate or result awarded to the applicant has been withdrawn by a provider such that it can no longer be relied upon: in those circumstances the applicant must provide a fresh test certificate or result from an approved provider which shows that they meet the requirement, if they are not exempt from it.
Under paragraph 32C of Appendix FM-SE if an applicant in the partner or parent routes submits a test certificate or result which has ceased, by the date of application, to be
(a) from an approved test provider, or
(b) in respect of an approved test, or
(c) from an approved test centre,
we will not accept that certificate or result as valid, unless the decision-maker does so in accordance with paragraph 32D of Appendix FM-SE and subject to any transitional arrangements made in respect of the test provider or test in question.
Under paragraph 32D of Appendix FM-SE if an applicant under the partner or parent routes 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
(b) from a provider who remains approved but the test the applicant has taken with that
provider is no longer approved, or
(c) 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:
(i) the applicant has had continuous leave (disregarding any period of overstaying of no more than 28 days) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of Appendix FM-SE.
If there is uncertainty as to whether a test certificate, result or other specified document was previously accepted by the Home Office as part of a successful previous partner or parent application, the decision-maker may request other specified evidence from the applicant to demonstrate that they meet the English language requirement.
An applicant who has not met the English language requirement in a successful previous partner or parent application will be required to provide specified evidence that they meet the requirement, or are exempt from it, in their current application.
An English language certificate which has been relied on by an applicant to qualify for leave on another basis, such as under the Points Based System (PBS), cannot be relied upon by them in applying as a partner or parent unless it meets the requirements of the partner and parent Rules, including as to specified evidence, at the date of that partner or parent application.

https://www.gov.uk/government/uploads/s ... _final.pdf

reda
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Re: Spouse visa extension.... retake English test!?

Post by reda » Sat Jun 18, 2016 2:38 am

really appreciate your help just for you confirm that she can use it again i sent photo of here certificate
20160618_012022 (2).jpg
this is here certificate which been issued on 2013
20160618_012022 (2).jpg (42.81 KiB) Viewed 7350 times

DavidT
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Re: Spouse visa extension.... retake English test!?

Post by DavidT » Sat Jun 18, 2016 2:46 pm

My wife was granted flr(m) on Wednesday 15th June using A1 English certificate University of Cambridge ESOL Entry Level Certificate in ESOL International (Entry 1) * (BULATS).

This certificate was used when she entered the UK on spouse visa in December 13.

j4mrk82
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Re: Spouse visa extension.... retake English test!?

Post by j4mrk82 » Sun Jul 31, 2016 1:12 am

Hi David I am applying for spouse visa extension Flr m , the initial visa was excepted back in November 2013 which the esol test certificate was used. I am going to apply for extension Flrm can I use the esol test again?? As I am confused people are saying no??

DavidT
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Re: Spouse visa extension.... retake English test!?

Post by DavidT » Sun Jul 31, 2016 6:35 pm

j4mrk82 wrote:Hi David I am applying for spouse visa extension Flr m , the initial visa was excepted back in November 2013 which the esol test certificate was used. I am going to apply for extension Flrm can I use the esol test again?? As I am confused people are saying no??
I was guided by undernoted which I found on another forum :-

Just to reassure everyone applying for FLR(M) before October 2016, here is the definitive current Home Office guidance.

Appendix FM-SE applies:

"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
(b) from a provider who remains approved but the test the applicant has taken with that provider is no longer approved, or
(c) 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:
(i) the applicant has had continuous leave (disregarding any period of overstaying of no more than 28 days) as a partner or parent since the Home Office accepted the test certificate as valid; and
(ii) the award to the applicant does not fall within the circumstances set out in paragraph 32B of this Appendix."



This means that if your previous CEFR level A1 pass was accepted by the Home Office for your initial successful entry clearance application then that pass is still valid for your FLR(M) application. It doesn't matter that it was a Cambridge BULATS or KET exam.

The Home Office has proposed that the English language requirement should be raised from CEFR level A1 to CEFR level A2 for FLR(M) with effect from October 2016 but has yet to publish further details. My guess is that Trinity and Cambridge are busy putting together submissions for a CEFR level A2 secure English language test (SELT) which fits what the Home Office wants.

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