# English changes announced 3rd Nov *BREAKING NEWS*



## Menolly (Aug 28, 2013)

Hi all,

Just wanted to help make everyone aware. It looks like they are now pushing ahead with the English requirement changes for those who are halfway through the 5 year route (the second FLR(M)) application.

Further details have now been announced as of today:
https://www.gov.uk/government/news/changes-to-the-immigration-rules 
*
"As announced in January this year, a new English language requirement at level A2 of the Common European Framework of Reference for Languages is being introduced for non-EEA partners and parents.

This affects those applying to extend their stay after 2.5 years in the UK on a 5-year route to settlement under Appendix FM (Family Member) of the Immigration Rules. The new requirement will apply to partners and parents whose current leave under the family Immigration Rules is due to expire on or after 1 May 2017."*

So my understanding is, according to this, if you are applying for your second FLR(M) before 1 May 2017 you can still rely on level A1. From 1 May 2017 you will need level A2 when applying for the second FLR(M) on the 5 year route. You may be able to rely on old test passes provided (presumably) it was at least level A2 and accepted as part of a previous application on the same route, but I would wait for the actual rewording of appendix FM-SE to see if this is the case (or you can try to decipher the mess that is the exact statement of changes if you have the willpower...)

Statement of changes in their entirety can be viewed via link above as well.

At least we now have dates to work to . Not sure if this should be made into a sticky or not?- there is normally alot of questions regarding this topic.


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## Joppa (Sep 7, 2009)

Those who have already passed an approved test at A2 or above and who have successfully used it for previous visa/leave application in the same 5-year route don't need to take a new test. This is covered in Section 44 of https://www.gov.uk/government/uploa...A2-_English_language-_statement_of_intent.pdf


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## Pannyann (May 31, 2014)

Hi 
What will happen if you apply before May but your visa expires on 17 May also what if you passed the ilets test for the first visa at 4.0 but its expired as ilets validity is 2 years

Thank you for any advice


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## Joppa (Sep 7, 2009)

If you apply by 17th May, your current leave is automatically extended until a decision is made, called Section 3C leave. 
Provided you used your test pass at a successful previous application, you can still re-use it even past its expiry.


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## Pannyann (May 31, 2014)

Thanks for your response would the ilets still be allowed to be used with the English language changes that were announced today as long as its before 1 may we apply?


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## Joppa (Sep 7, 2009)

Yes, you should be able to.


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## sophiessb (Nov 3, 2016)

hello does the applicants who apply for first flr m are affected with new rules


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## Joppa (Sep 7, 2009)

Not if you are switching from fiancé(e) or another visa (such as study, work or YMS). Only those who have been here for 30 months under the family route will be hit, so it will affect your second FLR(M) application.


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## sophiessb (Nov 3, 2016)

thank you very much Joppa really appreciate help


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## Hammer2001 (Nov 2, 2016)

My wife entered the UK on Nov 21st 2014, so the 21st May 2017 would be 30 months in the UK. although her current Leave to enter spouse visa actually expires on 1st August 2017.
Am I right in theory thinking we could actually apply for FLR(M) from 21st April?, thereby avoiding the new English language rule changes?

She has a City & Guilds A1 certificate which she used for the first visa, which I believe is no longer on the accepted list, so would she have to do an A2 test regardless?

Her English is good, and we have no worries about her obtaining the level, but I am wondering is it worth her taking the test at B1 level instead?, seeing as she will need this level for the Indefinite Leave to Remain visa further down the line.

Or would the test no longer be valid by then, as they only last for two years?

These tests are not cheap at £150 each, so it would make sense to just take one B1 test rather than A2 then B1 later.


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## Joppa (Sep 7, 2009)

She can apply from 23rd April 2017, so avoids the new requirement. Her existing test pass can be reused even though it's no longer on the list.
She should wait before taking B1 test, as rules may change before she is due to apply for ILR, and there is the question of 2-year validity.


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## Hammer2001 (Nov 2, 2016)

Thanks Joppa, that's sensible advice.

The trouble is there is so much conflicting advice on these issues, it's very hard to get a definitive answer.
My fear is we make the application and have it refused because the English test is no longer valid.

Is there a link to a document that would prove this?
Or is there an email address for enquiries such as this?
I find the telephone helpline not very knowledgable!


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## Joppa (Sep 7, 2009)

Look at the government document referred to in my first reply.


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## Hammer2001 (Nov 2, 2016)

Thanks Joppa,

Looking at that document it would suggest my wife would have to take an A2 test as her current one is just A1 and her leave to enter is due to expire after 30 April. Or am I reading that wrong?

_18. The requirement will apply to those whose leave to enter or remain as a partner or
parent on a 5-year route to settlement under Appendix FM will expire on or after 1 May
2017. A partner or parent whose leave is due to expire from 1 May 2017 and who makes an
application on or before 30 April 2017 will be subject to the A2 requirement if they are applying
for further leave to remain. A partner or parent whose initial period of leave to enter or remain is
due to expire before 1 May 2017 will not be affected by the new A2 requirement_

_44. Where an applicant for further leave to remain as a partner or parent evidenced that they
met the A1 English language requirement for leave to enter or remain by taking an approved
test at level A2 or above, they will not be required to take a further English language test before
applying for further leave to remain, provided the test they took was accepted as part of their
previous partner or parent application and there are no concerns about how the test result was
obtained. This position reflects the current approach as set out in paragraphs 32B, 32C and
32D of Appendix FM-SE to the Immigration Rules. _


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## Joppa (Sep 7, 2009)

You are right. She needs a new test pass at A2. They have to have a clear line drawn when the new rule starts to apply, and using the expiry date of existing visa is sensible and unambiguous instead of when they can renew.


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## aamirshanu (Oct 29, 2012)

Joppa said:


> You are right. She needs a new test pass at A2. They have to have a clear line drawn when the new rule starts to apply, and using the expiry date of existing visa is sensible and unambiguous instead of when they can renew.


Hi Joppa,

My ILR is due on January 2018 can i use the same old ielts test or i have to do it again?


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## bluesky2015 (Sep 3, 2013)

Hi Joppa,

I used my American University degree for the language requirement. Do I need to take a test as well?

Thank you in advance for your help.


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## Joppa (Sep 7, 2009)

No. You are good for ILR and naturalisation as well.


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## misaa (Oct 11, 2016)

Hi, 

My husband did his Masters in U.K. University.He is due to apply in 1st May 2017 .Will this affect him ? 

Thanks


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## bluesky2015 (Sep 3, 2013)

Thank you Joppa for your kind reply.


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## aamirshanu (Oct 29, 2012)

Hi Joppa,

My ILR is due on January 2018 can i use the same old ielts test or i have to do it again?


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## Hammer2001 (Nov 2, 2016)

Joppa said:


> You are right. She needs a new test pass at A2. They have to have a clear line drawn when the new rule starts to apply, and using the expiry date of existing visa is sensible and unambiguous instead of when they can renew.


Thanks Joppa.
Yes that makes sense, even though we fall on the wrong side of it, so extra expense. 
I prefer no ambiguity, so we all, know where we stand, and can prepare the application for the visa in full without any doubts of doing everything correctly.


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## sukubutsu (Mar 27, 2014)

I'm Malaysian but studied at and graduated from a university in the USA. 

Under the new rule, Annex C states: 

An applicant will be considered to have met the A2 English language requirement if they:
- Have obtained an academic qualification recognised by the National Academic
Recognition Information Centre for the UK (UK NARIC) to be equivalent to the standard
of a Bachelor’s or Master’s degree or PhD in the UK; and
- Provide the specified evidence to show that they have the qualification and that it was
taught or researched in English.

If the qualification was taken in one of these countries we will assume that it was taught or
researched in English:
_[List of countries.... including the USA....]
_
BUT the new addition to this is the following:

From 6 April 2016, the points based calculator used to check overseas qualifications was
removed from GOV.UK. Applicants who hold a qualification taught or researched overseas and
who seek to rely on this qualification as evidence of their English language ability are required
to obtain evidence from UK NARIC in advance of submitting their further leave to remain
application. Evidence from UK NARIC should be submitted with the application for further leave
to remain. 


Does this apply to me? It says above that if my qualification is from the list of qualifying countries then they will assume it's been taught in English. Do I need to verify the same with UK NARIC?


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## Unique999 (May 12, 2013)

Hi Joppa,

My Misses visa is going to come up for renewal it's FLR (M) due in september/October 2017 ezpiry december 2.5 EXTENSIONS i be got a question she got A2 in her entry visa can we use that CERTIFICATE for renewal or will she have to do another a2 again please let me know Joppa
Thanks in advance!


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## nyclon (Apr 3, 2011)

Unique999 said:


> Hi Joppa,
> 
> My Misses visa is going to come up for renewal it's FLR (M) due in september/October 2017 ezpiry december 2.5 EXTENSIONS i be got a question she got A2 in her entry visa can we use that CERTIFICATE for renewal or will she have to do another a2 again please let me know Joppa
> Thanks in advance!


Your question is answered in the 1st 2 posts in this thread.


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## Unique999 (May 12, 2013)

nyclon said:


> Your question is answered in the 1st 2 posts in this thread.



Hi 

Sorry to bother you but from reading the posts Am I correct in saying it will be accepted thanks in advance and thanks for quick reply


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## nyclon (Apr 3, 2011)

This answers your question. 



Joppa said:


> Those who have already passed an approved test at A2 or above and who have successfully used it for previous visa/leave application in the same 5-year route don't need to take a new test. This is covered in Section 44 of https://www.gov.uk/government/upload..._of_intent.pdf




Has she passed an approved yes at A2 or higher?

Did she successfully use it for her previous visa on the same 5 year route?

If you can answer yes to those questions then, yes.


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## Unique999 (May 12, 2013)

nyclon said:


> This answers your question.
> 
> 
> 
> ...



Yes,
Yes she used it on her previous first entry Visa,

and Thanks sooo much for taking time and answering NYCLON I appericate it thankssss


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## Sam25 (Jul 15, 2015)

Are these changes going to affect those who are going to apply for a initial spouse visa ???? So A2 for those who apply for the first visa.


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## Brom143 (Oct 21, 2016)

Sam25 said:


> Are these changes going to affect those who are going to apply for a initial spouse visa ???? So A2 for those who apply for the first visa.


Only for those who apply after being in the UK for 2.5 years.

Sent from my SM-G920F using Tapatalk


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## Joppa (Sep 7, 2009)

So those applying now for their initial visa will have to get A2 for their renewal, or get A2 pass initially, which can then be reused.


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## Adde_ruun (Jan 5, 2017)

And what about if i want to apply for spouse visa for the first time and i have A1 pass 
But my application will be after 20 may 2017
Thanks


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## Joppa (Sep 7, 2009)

If your test is on the approved list, then A1 is still fine for initial visa. It's when you renew your leave in 30 months that you need A2.


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## opensing (Sep 12, 2013)

this is getting very confusing for me?please can someone just clear up one thing for me please it would really help as i am really worried 

so i am going to apply for my spouse visa extension in 1st June 2017 , however in my previous application i used a city and guilds b2 certificate and it was successful. however, now since i am going to apply after 17 May 2017 will i have to take the new a2 or will they allow me to use my old certificate. 

thank you


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## Joppa (Sep 7, 2009)

If you have passed your test at B2, then you can submit it for your renewal.


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## clever-octopus (May 17, 2015)

Don't IELTS certificates expire after 2 years? Can you still use an expired certificate if applying for an extension 2.5 years after taking the test?


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## Joppa (Sep 7, 2009)

Yes, provided there is no doubt over the validity of your pass.


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## Unique999 (May 12, 2013)

Hi

I cant find the answer to this getting so confused looking at this again and again please could someone answer me if you dont mind 

my misses passed on her previous application which was sucessful she got A2 Cambridge English but thats not on the new approved list whereas its now Trinity college London 

so will it still be accepted thats what is bugging me thanks in advance!!


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## Unique999 (May 12, 2013)

Hi

This is what is confusing me

"(6)
Where an applicant for further leave to remain as a partner or parent e
videnced that 
they met the A1 English language requirement for leave to enter or remain by taking an 
approved test at level A2 or above, they will not be required to take a further English 
language test before applying for further leave to remain, *provided
the test they took is on 
the current list in the Immigration Rules of Secure English Language Tests.*"

she took the cambridge english Entry Level certificate in ESOL International (Entry 2) (Key) Pass Council of Europe Level A2???

Thanks in advance could someone please clarify its not on the approved list will we have to do another A2 test at trinity college london please confirm this is stressing me out with confusion!!


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## jewel (Feb 12, 2013)

*English Language test*

Hello everyone,

It's question time again:sorry:, my ILR app due in Sep 2018, previously I have submitted my IELTS on my both visa extensions and it was accepted, it has expired in 2014. can I use my same IELTS for next year ILR application?

I appreciate your time.


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## clever-octopus (May 17, 2015)

You can use it again if it was taken at B1 or above


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## jewel (Feb 12, 2013)

*English Language test*



clever-octopus said:


> You can use it again if it was taken at B1 or above


Many Thanks, I was worried about going through the English Test hassle again.


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