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    Comment please

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    makem
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    Comment please

    Post by makem on 15/08/11, 06:04 pm

    Regarding the Life in the UK test:

    The UKBA wording in relation to this is as follows:

    1. If you are an English speaker (see below) and/or you are currently in the UK as a skilled or highly skilled migrant, you must pass the 'Life in the UK test'.

    2. If you are not an English speaker and you are not a skilled or highly skilled migrant, you must pass a course in English for speakers of other languages (ESOL) which contains citizenship materials.

    You qualify as an English speaker if your English skills are at or above ESOL Entry Level 3 or Scottish Intermediate 1. If you do not know the level of your English skills, you should work through the tutorial on the Life in the UK test website.

    In addition:

    If your English skills are below ESOL Entry 3 level (or Intermediate 1 level in Scotland), and you are not a skilled or highly skilled migrant, you must take an ESOL with citizenship course and obtain a relevant qualification to demonstrate your knowledge of language and life in the UK



    Ok those are the rules.

    Now, lets take a person who comes to the UK, does not know the level of his/her English skills, does not work through the tutorial on the Life in the UK test website.

    This person takes and passes the Life in the UK test by pure memory alone.

    A request for ILR is subsequently submitted.

    1. Assuming that all other grounds for refusal are absent, is ILR automatic?

    2. Can the UKBA refuse on the grounds that there is no evidence of the applicant being at or above Level 3?

    3. If they can refuse, what proof could you supply that you are/were at or above Level 3 when the test was taken?

    Bear in mind that the applicant cannot submit a request for ILR until within 28 days before the end of their current visa.

    Has anyone any informed comment on this?

    The rules extract is taken from:

    http://www.ukba.homeoffice.gov.uk/settlement/knowledge-language-life/demonstrating/

    and:

    http://www.ukba.homeoffice.gov.uk/settlement/knowledge-language-life/demonstrating/#



    In addition, I question the "and/or" above. ie.:

    If you are an English speaker (see below) and.........

    and what?? There is nothing which follows that could be after the 'and'!

    If you are an English speaker (see below) or you are currently in the UK as a skilled or highly skilled migrant, you must pass the 'Life in the UK test'.

    Is correct English. I think the 'and' is an error.


    Last edited by makem on 15/08/11, 06:20 pm; edited 1 time in total (Reason for editing : Tidied it up a bit)
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    handyal
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    Re: Comment please

    Post by handyal on 15/08/11, 08:57 pm

    When trying to interpret information on the UKBA site, I have always found it is better to think with an open mind and not limit your thinking to the circumstances we have experienced with our spouse's.

    There are many different types of Visa's available to enter the UK and all applicant must meet a certain criteria for the category in which they applied.

    I will attempt to answer some of your questions within the quote:


    makem wrote:Regarding the Life in the UK test:

    The UKBA wording in relation to this is as follows:

    1. If you are an English speaker (see below) and/or you are currently in the UK as a skilled or highly skilled migrant, you must pass the 'Life in the UK test'.

    2. If you are not an English speaker and you are not a skilled or highly skilled migrant, you must pass a course in English for speakers of other languages (ESOL) which contains citizenship materials.

    You qualify as an English speaker if your English skills are at or above ESOL Entry Level 3 or Scottish Intermediate 1. If you do not know the level of your English skills, you should work through the tutorial on the Life in the UK test website.

    In addition:

    If your English skills are below ESOL Entry 3 level (or Intermediate 1 level in Scotland), and you are not a skilled or highly skilled migrant, you must take an ESOL with citizenship course and obtain a relevant qualification to demonstrate your knowledge of language and life in the UK



    Ok those are the rules.

    Now, lets take a person who comes to the UK, does not know the level of his/her English skills, does not work through the tutorial on the Life in the UK test website.
    It's impossible to come to the UK without knowing your level of your English skills.
    For spouse's, partners it has to be level A1 as a minimum. Students, skilled workers etc would also have to have met English standards skills in their category of Visa.


    This person takes and passes the Life in the UK test by pure memory alone.

    A request for ILR is subsequently submitted.

    1. Assuming that all other grounds for refusal are absent, is ILR automatic?
    Yes.
    2. Can the UKBA refuse on the grounds that there is no evidence of the applicant being at or above Level 3?
    No. It is assumed you must be at entry level 3 to understand and undertake the test.
    One note of caution though. The test is taken at approved test centres. Staff will speak and instruct you in plain English language what to do, so if you don't understand them it's obvious you are not at the level expected and you won't be able to take the test because you can't follow the instructions.

    3. If they can refuse, what proof could you supply that you are/were at or above Level 3 when the test was taken?

    Bear in mind that the applicant cannot submit a request for ILR until within 28 days before the end of their current visa.

    Has anyone any informed comment on this?

    The rules extract is taken from:

    http://www.ukba.homeoffice.gov.uk/settlement/knowledge-language-life/demonstrating/

    and:

    http://www.ukba.homeoffice.gov.uk/settlement/knowledge-language-life/demonstrating/#



    In addition, I question the "and/or" above. ie.:

    If you are an English speaker (see below) and.........

    and what?? There is nothing which follows that could be after the 'and'!

    If you are an English speaker (see below) or you are currently in the UK as a skilled or highly skilled migrant, you must pass the 'Life in the UK test'.

    Is correct English. I think the 'and' is an error.

    I think and/or is correct to cover all different circumstances.
    For example:
    a). If you are an English speaker (see below) and you are currently in the UK as a skilled or highly skilled migrant, you must pass the 'Life in the UK test'.
    (This could be interpreted as applying to only skilled workers, not spouse's).
    b)If you are an English speaker (see below) or you are currently in the UK as a skilled or highly skilled migrant, you must pass the 'Life in the UK test'.
    (This could be interpreted as either/or).

    Don't forget the new English requirements didn't only affect those trying to enter the UK it also affected those already in the UK. By the same gesture the wording and/or to me implies whether you entered before or after the changes the conditions for taking the 'Life in the UK' test apply to all Visa categories in any circumstances of entry to the UK.




    Graham
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    Re: Comment please

    Post by Graham on 15/08/11, 09:59 pm

    I am fortunate, I do not need to live in UK
    We find France and Spain are both very nice places to live,,,,,,,,,
    Antibes, between Nice and Cannes,and Calafell, South of Barcelona.
    Why go to all the hassle?

    Graham

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    davidmckendrick
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    Re: Comment please

    Post by davidmckendrick on 15/08/11, 10:13 pm

    Hi Eric,
    remember that English speakers from say USA or Australia still have to take the "Life in the UK test" before they can apply for ILR. So the visa requirements have to cover them too.

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