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Change in ILR Life in UK/Language requirements

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Anglichanin
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Post by Anglichanin » Thu Oct 24, 2013 4:54 pm

Well, I'm starting to worry now. The Trinity website says:

Grade 5 (ESOL Entry 3 / B1 on the CEFR) is approved by the Home Office for use in:
Settlement/ILR and Naturalisation applications made on or after 28th October 2013.

My wife is applying for ILR with form SET(M).
Can anyone clarify please, if she has sat the correct exam?

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Post by Amber » Thu Oct 24, 2013 4:55 pm

What is her current leave and when did she enter the UK?
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Anglichanin
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Post by Anglichanin » Thu Oct 24, 2013 5:13 pm

My wife entered the UK on 1st September on a spouse visa with leave to remain until the visa expires at the end of November 2013.

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Post by Amber » Thu Oct 24, 2013 5:41 pm

I assume she arrived September 2011. She could of applied from 28 days before 01-September-2013.
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Anglichanin
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Post by Anglichanin » Thu Oct 24, 2013 6:01 pm

She could have, but a family bereavement and the bureaucratic greed of a test centre in Derby which defrauded us of 50 quid over the Life in the UK test intervened. I was not aware of the change in the law until after she had passed that test.

I do appreciate that your advice is useful for anyone in a similar situation, so thanks for helping out.

James

params0073
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Post by params0073 » Mon Oct 28, 2013 8:24 pm

Anglichanin wrote:Well, I'm starting to worry now. The Trinity website says:

Grade 5 (ESOL Entry 3 / B1 on the CEFR) is approved by the Home Office for use in:
Settlement/ILR and Naturalisation applications made on or after 28th October 2013.

My wife is applying for ILR with form SET(M).
Can anyone clarify please, if she has sat the correct exam?
Did you figured out that the trinity test is approved/accepted by HO?

Para

legend786
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life in uk test

Post by legend786 » Mon Oct 28, 2013 9:28 pm

Hi,
Could anybody tell something about life in uk test because according to new set LR form some other things need to pass in order to apply on 10 years basis. I have passed my life in uk test in July and now everything changed from 28 oct 2013. I am applying my application on 10 years basis in december!
Do i need to pass other qualifications with life in uk test?
By the way i have post graduate diploma in business studies to show that i have got sufficient grip on english. anybody can help please
Thanks

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Post by Amber » Mon Oct 28, 2013 10:01 pm

You will need to meet a B1 English Requirement unless you're exempt. A diploma won't suffice as it's not a degree. However, if you satisfied a B1 EC requirement that should suffice in addition to LIUK.
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Anglichanin
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Post by Anglichanin » Mon Oct 28, 2013 11:19 pm

I still do not know whether my wife has taken the correct exam, but the test provider's website suggests it was:

http://englishexamcentres.co.uk/which-e ... -need.html

We'll find out on 13th November, when we attend the ILR appointment.....

Anglichanin
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Post by Anglichanin » Tue Oct 29, 2013 9:36 am

Okay- the certificate arrived and says 'Grade 5 Graded Examination in Spoken English, Entry Level Certificate in ESOL International (Speaking and Listening) (Entry 3) B1.1 of the CEFR with Distinction'.

The PDF linked to above, which was updated this month:http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf

contains the final entry

Graded Examinations in Spoken English
Trinity College London
A1 GESE Grade 2 pass in speaking and listening

What I just discovered is that B1 is higher than A1, so fingers crossed, we may yet be okay.

I think I may set up a language testing centre once this is over.

params0073
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Post by params0073 » Tue Oct 29, 2013 9:47 am

Yep keep us posted with the outcome mate.

Param

t_india
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Post by t_india » Tue Oct 29, 2013 9:50 am

Anglichanin,

It will be helpful, if you can provide an overview of the test, on what was the content, pattern, etc

Pleaese Can you ?

params0073
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Post by params0073 » Tue Oct 29, 2013 12:19 pm

You should be ok (excerpt from STE(o) form ):-

Note 1 Relevant qualifications are:
• A pass in the test known as the “Life in the UK” test
And one of the following language qualifications:
• A speaking and listening qualification at level B1 or above from the Secure English Language Test
(SELT) list;
An ESOL qualification at Entry Level 3, Level 1 or Level 2 , that includes speaking and listening
which has been regulated by the Office of Qualifications and Examinations Regulation (Ofqual). It must
be listed as an ESOL qualification on the Ofqual Register and taken in England, Wales or Northern
Ireland;

• A National Qualification in ESOL at Scottish Qualifications Framework (SCFQ) levels 4, 5 or 6,
awarded by the Scottish Qualifications Authority (SQA).

So you fell under the second option i.e. ESOL level 3 exam.Trinity is regulated by the Office of Qualifications and Examinations Regulation (Ofqual) so all well.

Param

ILR.dot.dot.dot
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Post by ILR.dot.dot.dot » Tue Oct 29, 2013 12:44 pm

As per the link - http://www.ukba.homeoffice.gov.uk/sitec ... -tests.pdf

The B1 from Trinity should have all 4 below:
Reading - pass
Listening - pass
Speaking - pass
Writing – pass

whereas Trinity are providing B1 in Listening and Speaking only. I have booked B1 test with them which does not include all 4 above.
Can someone throw some light on if it is correct?

Thanks.

t_india
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Post by t_india » Tue Oct 29, 2013 2:16 pm

Hello All,

I just came across this in the UKBA website against the new immigration laws section

http://www.ukba.homeoffice.gov.uk/poli ... endixkoll/
Home

Visas and immigration

European nationals

British citizenship

Asylum
Customs and travel information

Businesses and sponsors
News and updates

Policy and law

Staff guidance, instructions and country information
Immigration law

Immigration Rules Legislation
Consultation papers
Impact assessments
About us
Apply online Appendix KoLL: Knowledge of language and life
Immigration Rules
PART 1. GENERAL

1.1

Purpose

This Appendix sets out the way in which an applicant for leave to enter or remain must demonstrate sufficient knowledge of the English language and about life in the United Kingdom where it is a requirement of the Rules to demonstrate this for the purposes of an application for indefinite leave to enter or remain. It also sets out general exemptions to the requirement on grounds of age and enables the decision maker to waive the requirement in light of special circumstances in any particular case.

"Specified" in this Appendix means "specified in Part 4 of this appendix"

PART 2 - KNOWLEDGE OF LANGUAGE AND LIFE

2.1 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 has sufficient knowledge of the English language if:

a) the applicant has provided specified documentary evidence that:

i) the applicant is a national or citizen of one of the following countries:

Antigua and Barbuda
Australia
The Bahamas
Barbados
Belize
Canada
Dominica
Grenada
Guyana
Jamaica
New Zealand
St Kitts and Nevis
St Lucia
St Vincent and the Grenadines
Trinidad and Tobago
USA.

or

ii) the applicant has passed an English language test in speaking and listening at a minimum level B1 of the Common European Framework of Reference for Languages with a provider approved by the Secretary of State as specified in Appendix O to these Rules; or

iii) the applicant has obtained an academic qualification(not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents;

or

iv) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and

(1) provides the specified documentary evidence to show he has the qualification, and

(2) UK NARIC has confirmed that the qualification was taught or researched in English; or

v) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and provides the specified evidence to show:

(1) he has the qualification, and
(2) that the qualification was taught or researched in English; or.

vi) the applicant has taken and passed in England, Wales or Northern Ireland a qualification in English for Speakers of Other Languages (ESOL) which:

(aa) includes speaking and listening;

(bb) is at ESOL Entry level 3, level 1, level 2 or level 3,

(cc) is regulated by the Office of Qualifications and Examinations Regulation (OFQUAL), the Welsh Government or the Council for Curriculum, Examinations and Assessment (CCEA), and

(dd) is listed as an ESOL qualification on the Register of Regulated Qualifications,

or

vii) the applicant has passed in Scotland a National Qualification in English for Speakers of Other Languages at Scottish Credit and Qualifications Framework (SCQF) level 4, 5 or 6 awarded by the Scottish Qualifications Authority;

or

(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.

2.3 For the purposes of sub-paragraph (1), an applicant has sufficient knowledge about life in the United Kingdom if:

a) the applicant has passed the test known as the "Life in the UK test" administered by learndirect limited; or

b) in respect of an applicant who was resident in the Isle of Man, the applicant took and passed the test in the Isle of Man known as the "Life in the UK test" and which was administered by an educational institution or other person approved for that purpose by the Lieutenant Governor; or

c) in respect of an applicant who was resident in the Bailiwick of Guernsey or in the Bailiwick of Jersey, the applicant took and passed the test known as the "Citizenship Test" and which was administered by an educational institution or other person approved for that purpose by the Lieutenant Governor of Guernsey or Jersey (as the case may be).
From the above highlighted in bold, is it not clear, that we have to provide just the degree certificate and letter from overseas university to demonstrate the new english language requirement?[/b][/quote][/url]

t_india
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Post by t_india » Tue Oct 29, 2013 2:36 pm

In the same URL, they have clearly indicated the documentary proof that has to be submitted for 2.2 (iii) (iV) & (V)

as below

4.11. The evidence specified for the purposes of paragraph 2.2(iii) and 2.2(iv) (academic qualification recognised by UK NARIC) is:

(a) a certificate issued by the relevant institution confirming the award of the academic qualification and showing:

(i) the applicant's name,

(ii) the title of the award,

(iii) the date of the award,

(iv) the name of the awarding institution, and,

(v) for paragraph 2.2 (iii) that the qualification was taught in English


Amber, can you please validate my understanding?

Amber
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Post by Amber » Tue Oct 29, 2013 2:37 pm

A NARIC statement of comparability would satisfy the "academic qualification recognised by UK NARIC" part.
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t_india
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Post by t_india » Tue Oct 29, 2013 2:42 pm

Thanks Amber,

But the documentary evidence is not asking for that isn't it?
as per the document list, we would need the original degree certificate and letter from university that the degree was taught in english.

Also, please can you look at the URL i posted, and confirm?

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Post by Amber » Tue Oct 29, 2013 2:44 pm

But how would you know it is recognised by NARIC if they've not confirmed this?
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t_india
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Post by t_india » Tue Oct 29, 2013 2:46 pm

D4109125 wrote:But how would you know it is recognised by NARIC if they've not confirmed this?
I meant these statements.
v) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, and provides the specified evidence to show:

(1) he has the qualification, and
(2) that the qualification was taught or researched in English; or.
Probably a PBS print out???

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Post by Amber » Tue Oct 29, 2013 2:48 pm

But it doesn't say the PBS calculator, it says deemed by NARIC, they can only deem on one of their statements.
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t_india
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Post by t_india » Tue Oct 29, 2013 2:56 pm

D4109125 wrote:But it doesn't say the PBS calculator, it says deemed by NARIC, they can only deem on one of their statements.
In another instance, they have stated this
iii) the applicant has obtained an academic qualification(not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor's or Master's degree or PhD in the UK, from an educational establishment in one of the following countries: Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; Dominica; Grenada; Guyana; Ireland; Jamaica; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and The Grenadines; Trinidad and Tobago; the UK; the USA; and provides the specified documents
As i understand, UK NARIC would not provide comparablity certificate for a UK degree. in which case how would one prove that?

As you say Amber, having the comparablity certificate seems to be a safe bet.

Can we take this as offical expectation from HO, that the UKNARIC comparablity certificate and letter from university should be the docs to prove the new KOLL requirement

or should we have to wait for something else?

t_india
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Post by t_india » Tue Oct 29, 2013 3:38 pm

Amber,

did you had a chance to look at the url i shared.
Can we rest in peace, with below documents satisfying the new english requirement of the Koll?

* Degree certifcate
* UK NARIC comparablity certificate
* Letter from university that the degree was taught in english

Or do we need wait for the guidance to be released? to get this confirmed?

t_india
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Post by t_india » Tue Oct 29, 2013 4:20 pm

t_india wrote:Amber,

did you had a chance to look at the url i shared.
Can we rest in peace, with below documents satisfying the new english requirement of the Koll?

* Degree certifcate
* UK NARIC comparablity certificate
* Letter from university that the degree was taught in english

Or do we need wait for the guidance to be released? to get this confirmed?
Amber, u there mate?

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Post by Amber » Tue Oct 29, 2013 4:29 pm

I would think that would suffice. I'm not sure if further guidance will be given. Please do email SettlementOpsPolicy@homeoffice.gsi.gov.uk and share the reply.
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