# FLR(M) English test new rule



## SHUVO GIRL (May 2, 2014)

Hi 

I entered the UK on a 33 month spouse visa back in June 22 2014.

I recently read that from October 2016 I will need to pass the A2 English test.

I was wandering would it be better if I just sat the B1 exam and get it out the way rather than sitting the B1 when it comes to apply for ILR. 

Apparently the B1 will be still valid even if it's expired, for use for ILR only, is this true?.

I'm not concerned about sitting the B1. I've blended well with UK community. I socialise with my husband's English friends and I'm taking my driving lessons currently and my instructor says I speak good English. Also I managed to pass my theory test on my second go. I studied really hard. My husband says I have to study the same way when it comes to Life in the UK test.

Also what day can I apply to extend my spouse visa please?

Time is flying it seems. 

Thank you,
Shuvo Girl


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## Joppa (Sep 7, 2009)

You still need a fresh test at B1 for ILR, as it must have been passed within the previous 2 years.


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## SHUVO GIRL (May 2, 2014)

Joppa said:


> You still need a fresh test at B1 for ILR, as it must have been passed within the previous 2 years.


https://www.gov.uk/english-language/approved-english-language-qualifications

Hello Joppa

In this link does settlement also mean ILR?

*Applying to settle in the UK*

_"You can use a B1 level qualification that’s run out if both of the following are true:

it’s on the current list of recognised tests
it was accepted for another UK immigration application, eg when you got permission to enter"_

I'm confused and I'm unlucky that the new rule comes to place in October and not Jan.


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## Menolly (Aug 28, 2013)

Yes, in that link Settlement means ILR.

From that link, it looks like you can use an expired B1 certificate as long as it on the list of recognised english tests at the time of your ILR application (in about 3 years time) and it was accepted on a previous application (e.g. your next FLRM), but maybe Joppa will verify as he mentions a 2 year limit?

I see what you are trying to do - you want to get B1 now for your next FLR(M) so you can use for your SET(M) in the future. The English requirements for SET(M) will probably change in the next 3 years anyway so sometimes you can overplan. 

I would wait another month or 2 until the English changes in October are confirmed and take it from there - there are still alot of details need to be released about the changes.

For example, if the English changes come into force on 22nd October but you apply on 16th October for your FLR(M), the new changes won't apply to your FLR(M) so your original A1 pass would be fine. Then you can just check the SET(M) english requirements much closer to the time.


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## SHUVO GIRL (May 2, 2014)

Menolly said:


> Yes, in that link Settlement means ILR.
> 
> From that link, it looks like you can use an expired B1 certificate as long as it on the list of recognised english tests at the time of your ILR application (in about 3 years time) and it was accepted on a previous application (e.g. your next FLRM), but maybe Joppa will verify as he mentions a 2 year limit?
> 
> ...


Unfortunately I have to re-sit another English test regardless of the outcome because my original A1 certificate is no longer accepted. I passed a City & Guilds ESOL but they've stopped accepting these since Nov 2015 
So I'm going to have to pass a Trinity College test for my FLRM extension, but I wanted to save money by doing 1 test (B1) instead of doing A2 then B1 but it's looking more than likely I'll be sitting both because of the 2 year validity?.


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## Menolly (Aug 28, 2013)

I will let Joppa or someone else comment on the 2 year validity but IF you can apply under current rules before the rule change some date in October then they will still accept your English language test certificate at A1 which you used for your first FLR(M) even though it is not on the list anymore. The below applies for FLR(M) but not SET(M).

See page 10-12 on https://www.gov.uk/government/uploa...Appendix_FM_Section_1_21_-_Nov_2015_final.pdf 

Page 11:

_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._

Also see page 42 of the FLR(M) form (https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/478064/FLR_M__11-15.pdf) which shows you can still tick 'City and Guilds' test pass. Obviously you can only use the previously accepted test pass if it satisfies the above requirements and you apply before the new changes in October.

But if you have to apply after the rule change then yes, you will need to sit a new test. And you may as well sit at level B1 (unless it doesnt matter because of the 2 year validity Joppa mentions)


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## SHUVO GIRL (May 2, 2014)

This is a reply from Trinity College about the validity of their B1 certificates.

*Thank you for your enquiry,

The B1 GESE grade 5 exam is valid for 2 years.

It is our understanding that If you need to apply in or after October 2016:

From October 2016, non-EEA national partners and parents on the family route will need to pass a Secure English Language Test (SELT) in speaking and listening at level A2 in order to qualify, after two-and-a half-years in the UK, for further leave to remain on the five-year partner or parent route to settlement.*

All the exams accepted by the Home Office have a 2 year validity as stated on the Table 1 PDF. 

So if anyone who applies for FLR on or after Oct 2016, even if you sat the B1, you'll need to sit the same B1 again at ILR stage because your first B1 certificate would have expired by then.


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## Menolly (Aug 28, 2013)

I'm not sure about ILR, I think it may require one that is on the current approved test list regardless of being used in the past (i.e. a fresh test pass) , but Paragraph 32D d) does state that it will be accepted even if its out of date as long as it was accepted previously on the same route - but i think this is only for the second FLR(M). They will most likely be updated all the details in the next couple of months with the October changes which might help clarify a few things...


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