English requirement for ILR & Naturalisation

RGD made this Freedom of Information request to Home Office

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Waiting for an internal review by Home Office of their handling of this request.

Dear Home Office,

Starting 28 October 2013, we know that applicants for ILR & Naturalisation are required to submit an English language test in B1 level. In the document http://www.ukba.homeoffice.gov.uk/siteco... it states on page 3:

"If you already have a qualification at B1 level Applicants who already have an English language qualification at B1 level or above will not be required to take another one. For example, someone who demonstrated a knowledge of English equivalent to B1 level when applying for entry clearance will not be required to take a further test in order to qualify settlement."

I have an IELTS test certificate with a test result of Band 7, which is equivalent to C1 level (which is above the required B1 level). I submitted that as a requirement for my fiancee visa on 2011. The test certificate will be expired by the time I apply ILR. Based on the paragraph I highlighted above from the document in the UKBA's website, does that mean I don't have to retake the English test and I can submit my IELTS test result even if it will be expired?

I hope you can clarify this for me. Thanks!

Yours faithfully,

RGD

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6. Family of British and Settled Persons

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• introducing a new minimum income threshold of £18,600 for sponsoring the settlement in the UK of a spouse or partner, or fiancé(e) or proposed civil partner of non-European Economic Area (EEA) nationality, with a higher threshold for any children also sponsored; £22,400 for one child and an additional £2,400 for each further child;
• extending the minimum probationary period for settlement for non-EEA spouses and partners from two years to five years, to test the genuineness of the relationship;
• abolishing immediate settlement for the migrant spouses and partner where a couple have been living together overseas for at least 4 years, and requiring them to complete a 5 year probationary period;
• from October 2013, requiring all applicants for settlement to pass the Life in the UK Test and present an English language speaking and listening qualification at B1 level or above of the Common European Framework of Reference for Languages unless they are exempt;

Detailed information about changes to the family migration rules that came into effect on 9 July 2012 can be found on the Home Office website at:
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You will be required to prove your English language ability, if you are applying as the husband, wife or civil partner of a British citizen or someone who is settled here.

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8. Child born in the UK
If your child was born in the UK and you currently have limited leave to remain, you will need to obtain and complete one of the following application forms, in order for them to be granted leave to remain as your dependant.

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On form FLR(O) the child’s details should be entered in Section 1 - Applicant's Details. Your passport should also be enclosed with the application.

If you will be leaving the UK and do not intend to return under the conditions of your current leave to remain, you are not required to make an application to the Home Office for your baby. They are deemed to have leave to remain in the UK until you leave.

If you will be making an application for further leave to remain or indefinite leave to remain and do not intend to travel before you do so, you can include the baby as your dependant at that time. However please note, if you travel outside the UK before your baby obtains leave to remain, you will need to obtain Entry Clearance for the baby before you return to the UK.

9. Settlement - Knowledge of Language and Life in the UK

If you are applying for settlement in the United Kingdom you may be required to demonstrate Knowledge of Language and Life in the United Kingdom, in addition to meeting the other requirements for settlement. For further information, please visit the Home Office website at:

http://www.ukba.homeoffice.gov.uk/visas-...

The test changed on 25 March 2013, to ask questions based on information in the new version of the handbook. To be ready to take the test, you must read the correct version of the official handbook.

• Tests taken before 25 March 2013 will be based on the handbook 'Life in the United Kingdom 2nd Edition: A Journey to Citizenship'.

• Tests taken on or after 25 March 2013 will be based on the handbook 'Life in the United Kingdom 3rd Edition: A Guide for New Residents'.
For detailed information about the Life InThe UK test, please visit the Home Office website at;

http://www.ukba.homeoffice.gov.uk/visas-...

10. Indefinite Leave to Enter

In terms of your status in the UK, Indefinite Leave to Enter and Indefinite Leave to Remain are exactly the same. The Indefinite Leave to Enter Entry Clearance means, in terms of your current immigration status in the UK, that there is no time limit on your stay in the UK.
The end date shown on an Indefinite Leave to Enter Entry Clearance (EC) vignette is a guide to the holder for travel purposes only, or relates to the validity dates of the passport/travel document in which the vignette is endorsed.
The validity and activation of the Entry Clearance is determined by the dates noted on the Entry Clearance vignette not by any ink stamp endorsed in the passport or travel document by a UK Immigration Officer at the port of entry.
The Immigration Officer’s stamp merely indicates when the Entry Clearance was used to enter the UK but the Entry Clearance is still valid without an on-entry stamp.
The Entry Clearance should be used to enter the UK within three months of issue but can be used after this date at the discretion of the Immigration Officer.
Once the expiry date noted on your EC is passed it is not necessary for the holder of Indefinite Leave to Enter status to apply within the UK for Indefinite Leave to remain status as they are effectively the same thing and your "No time limit "status remains extant.


11. New Passport - Transfer of Conditions or No Time Limit

Detailed information about transferring your visa or residence permit from an old passport or travel document to a new one can be found on the Home Office website at:

http://www.ukba.homeoffice.gov.uk/visas-...

12. Reporting an immigration offence

We take public reports of crime seriously. If you suspect that someone is working illegally, has no right to be in the UK or is involved in smuggling, we want to hear from you.
You can report your suspicions in confidence using our reporting form.
Please complete as much of the form as you can. But do not worry if you cannot answer all of the questions - and do not put yourself in danger by trying to discover more information.
Any information that you provide will be handled in confidence. You can give us your name and address if you wish, but you do not need to do so.
Other reporting methods

Alternatively, you can:
contact Crimestoppers (online or by phone) anonymously
call the Customs Hotline about smuggling on 0800 595 000
contact the confidential anti-terrorist hotline on 0800 789 321 or online
dial 999 in an emergency

Detailed information how you can report suspected immigration crime (such as illegal immigration or illegally employing foreign workers), smuggling or terrorism can be found on the Home Office website at:

http://www.ukba.homeoffice.gov.uk/aboutu...

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Dear Home Office,

The answer I'm looking for is not stated from all the links that you provided. The response you made is just an automated response that most of us get from UKBA in the past. I need a definite answer to my inquiry because it's not stated clearly from the UKBA/Home Office website, which you are redirecting me to.

I do hope you can clarify these valid inquiries I have.

I am also requesting for an internal review for the FOI request I made because you failed to answer the questions.

Yours faithfully,

RGD

FOI Requests, Home Office

Thank you for contacting the FOI Requests mailbox.

Your message has been logged and will be dealt with shortly.

We aim to provide a response to all FOI requests within 20 working days.

If your message is with regard to an existing FOI case or is a general
query please ensure you have left any file references and contact details.

 

Thank you.

 

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

naralie left an annotation ()

I have the same situation and same question June 2014

Stephen Njoku left an annotation ()

Check this link to sort for the answers;
https://www.gov.uk/english-language