I was hoping somebody may be able to help me with a query about reusing an already submitted English certificate?
We are in the annoying situation of having to apply for a second FLR(M) due to a delay on entering the UK after receiving the initial visa and being a few weeks short of an ILR application (more info HERE
When preparing the second FLR(M), I was assuming that I could simply reuse the existing Trinity College London GESE B1 certificate that we have previously used, but then I noticed this in the FM-SE notes:
I seem to have issues with both of these point:(i) the applicant has passed such a test; and
(ii) that test was an English language test in speaking and listening which is approved by the Secretary of State 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.
1) The test was taken over 2 years ago (Aug 2017), and
2) The test center is no longer on the approved list. The test was taken at the Holborn center (which was on the list at the time), but this center doesn't appears to exist any more. I believe it relocated to Kings Cross (as per this facebook post). This center is on the list, but I'm not sure if it's strictly the same as the Holborn one.
I can see there is a section 32D (copied below) that discusses previously accepted documents that mean that it *might* still be valid under part (d), but for the life of me, I can't get my head around the if/then/else/but/maybe'ness of it all.
My questions are:
1) Can I reuse this certificate, or should we seek a new one?
2) If reusing, should I discuss it in the covering letter, and how should I word it based on the 32D clauses
Thanks for reading, and thanks in advance for any help received!
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 will 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), provided that it is at or above the requisite level of the Common European Framework of Reference for Languages and when the subsequent application is made:
(i) the applicant has had continuous leave (disregarding any current period of overstaying where paragraph 39E of these Rules applies, as well as any previous period of overstaying where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied) 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.