English requirement for ILR Set M

[zelda123]

Hi

Can anyone confirm whether an expired b1 that was used for FLR M last year 2016 May, will still be valid for ILR that is due Jan 2019?

its over the 2 years but the exam result was used for FLRM and is still currently on the approved list?

Thanks

[makky86]

Hi

Can anyone confirm whether an expired b1 that was used for FLR M last year 2016 May, will still be valid for ILR that is due Jan 2019?

its over the 2 years but the exam result was used for FLRM and is still currently on the approved list?

Thanks

If the center is on the approved list then even expired B1 will be valid for ILR

[zelda113]

Could you please possibly help me to clarify the below the 2 queries at all regarding my wife spouse visa- in relation to spouse visa 5 year route

1. could you please help clarify the earliest we can apply for it, the timeline is below
• Arrive UK- initial entry October 1 2013
• FLR (m) successful – New visa Expires 30 Jan 2019
Is the earliest we can apply either?

• 28 day prior to completion of 60 months which would be October 1 2018
• 28 day prior to expiry for FLR visa which is 1 Jan 2019

1. Expired B1- my wife completed a B1 English from Trinity College in April 2016, which was used for her FLR (M) in May 2016

The question is could we still use this B1 result for her SET (M) which is due later this year or early next depending on the answer of Q1.

As the test expire after 2 years however the HO website say you can still use it as long as used in previous application ( which it was i.e. FLRM) and still on accepted list of result ( which it currently is)

See link below

https://www.gov.uk/english-language/app ... ifications

[CR001]

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[CR001]

You can apply within 28 days before reaching 60 days residence.

[zelda113]

can anyone confirm the expired b1 test

The Guidance states:

Validity of qualifications
Validity dates of SELT qualifications listed in Appendix O of the Immigration Rules, or on the Ofqual register, will not be applied for settlement applications provided either:
• • the qualification has previously been accepted for another immigration application
• if it is being presented for the first time, that it was taken in: o England and was regulated by Ofqual
o Wales and was regulated by the Welsh Government
o Northern Ireland and was regulated by the Council for the Curriculum, Examinations and Assessment (CCEA)
o Scotland and was regulated by the SQA

However the Immigration Rules states:

.1 An applicant for leave to enter or remain has sufficient knowledge of the English language and about life in the United Kingdom for the purpose of an application for indefinite leave to enter or remain made under these Rules if the requirements set out in paragraphs 2.2 and 2.3 are met unless the exceptions set out in Part 3 apply.
2.2 For the purposes of paragraph 2.1, an applicant demonstrates sufficient knowledge of the English language if:
the applicant-
(i) has limited leave to enter or remain in the UK, and
(ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.


The bold letters I have added above. Only if her previous grant of leave required a B1 pass would the test be valid for this application if it had been used in a previous application. Since she only needed A1 and latterly A2 I would interpret that she cannot rely on the expired test because her previous grant of leave didn’t require that level of qualification.
so a new test is required?

[CR001]

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Kindly confirm which username you wish to keep.

[zelda113]

this one pls zelda113, as for some reason could not log in using old one hence new one created!

could you clarify the b1 at all also?

[CR001]

Hi

Can anyone confirm whether an expired b1 that was used for FLR M last year 2016 May, will still be valid for ILR that is due Jan 2019?

its over the 2 years but the exam result was used for FLRM and is still currently on the approved list?

Thanks

If the center is on the approved list then even expired B1 will be valid for ILR

[zelda113]

so the above advice from advisor is incorrect?

or could there potentially be an issue with using it?

Thanks

[zelda113]

A new question has been inserted

"Official document confirming receipt of public fund and corresponding bank or building society document showing recipient of public funds "

I am a recipient of child benefits for British born , do we need to tick this box or not ???

also

In section 12 , there is huge requirement about children's and showing evidence they are yours and live with you

My question is , is this requirement purely for those set m applying with children or even those children that are British citizen?



finally the 28days rule before applying for ILR Set M , is with regard's to 60 months anniversary not when the BRP expires?

[CR001]

"Official document confirming receipt of public fund and corresponding bank or building society document showing recipient of public funds "

I am a recipient of child benefits for British born , do we need to tick this box or not ???

Presumably you are the ILR holder or British citizen and claiming benefits in your name and it is not the spouse applying for ILR claiming??

In section 12 , there is huge requirement about children's and showing evidence they are yours and live with you

My question is , is this requirement purely for those set m applying with children or even those children that are British citizen?

Those applying for ILR. For British children, passport and/or birth certificate is all that is required.

finally the 28days rule before applying for ILR Set M , is with regard's to 60 months anniversary not when the BRP expires?

60 months anniversary.

Kindly also keep all your questions on the same application in one topic (this one, all now merged).

[zelda113]

Hi

I was just reading the below from the faq and maybe I'm just worring about nothing but could someone confirm if my application will be ok.

What if my qualification (Q4) has expired?

If you’re applying to settle in the UK, your expired qualification may still be accepted as proof if your qualification was accepted for another UK immigration application, e.g. - when you got permission to enter (If your qualification expires) and if you have had continuous leave since then and the test provider is listed in Appendix O (2.2(b))
2.2 wrote:
(b) the applicant-
(i) has limited leave to enter or remain in the UK, and
(ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.
(iii) at the date of application, the provider of that qualification continues to be approved by the Secretary of State as specified in Appendix O to these Rules.
You need to confirm your qualification with either a certificate or by checking that your results can be viewed online.


So my situation is my wife completed a selt b1 trinity exam in 2015 and used it for her flr m application in 2016.

Just applied for ILR in October 2018 and used the expired B1

As

A) used in previous application i.e. the flr m in 2016
B) selt test provider still on the approved list

The only thing is the continuous leave requirement above ..she has been here for the entire 5 years since 2013 and also continuous since 2016 when we used the b1 for flrm ..does this staify the above statement ???

Anyone please confirm whether it will be ok and or and if anyone else has used a expired B1 as I am for ilr

[CR001]

Hi

Can anyone confirm whether an expired b1 that was used for FLR M last year 2016 May, will still be valid for ILR that is due Jan 2019?

its over the 2 years but the exam result was used for FLRM and is still currently on the approved list?

Thanks

If the center is on the approved list then even expired B1 will be valid for ILR

This question has already been answered for your twice when you previously asked. All topics now merged!!