Popular English language tests TOEIC and TOEFL are no longer accepted for UK visas
From
1 July 2014 these 2 popular English language tests have been struck off
the list of approved tests. The list is used by the UK Home Office to meet the
requirements of the Immigration Rules for visa categories like
Spouse/Partner/Fiancée visas as well as Tiers under the Points-Based System
(PBS). It is also used to meet the new English language requirement when
applying for permanent residency (Indefinite Leave to Remain) and later for
British Citizenship.
There
are some problems with the way the tests were administered by the provider,
Educational Testing Services (ETS), one of the biggest English language testing
companies in the world. Some of those were featured in BBC Panorama.
If
you need to apply for a UK visa, which requires to demonstrate English language
ability then you have a choice of providing a degree which was taught in
English, being a national of a majority English-speaking country (there is an
exhaustive list, so do not make any assumptions!) or passing an approved
English language test. An updated list of the tests can be found in Appendix O of the Immigration Rules.
Those
who passed either a TOEIC or a TOEFL test can still make an application outside
the UK before 22 July 2014 and for some Tier 4 applications until 1 October
2014. Those applying inside the UK cannot use them anymore, as from 1 July
2014.
Those
who are already in the UK with visas which were issued on the basis of using
one of these tests are not affected in terms of further extensions, such as a
Tier 1 Entrepreneur extension or a Spouse visa extension.
However,
those who achieved a higher grade than needed back then and later need that
higher level to qualify for an Indefinite Leave to Remain (permanent
residency) may be affected - it is not clear at the moment. For example,
an applicant for a Spouse visa only needs a most basic A1 level of English,
however, many achieve a higher level anyway, such as a B1. When such a spouse
is later applying for an ILR he/she needs a B1 level. Under the current Rules
an old test can be used again, even if it has expired, as long as a B1
level was achieved back then (because the Home Office has its record in their
system). It's not clear what to do for those spouses/partners with a
TOEIC/TOEFL test on a B1 level when applying for an ILR in the future but a
safe and logical assumption would be they'd need to demonstrate English in a
different way, such as take a different test (ESOL, IELTS etc) from a list
applicable on the date of application.
For an individual advice or to make an application
please contact us: info@1st4immigration.com
or visit www.1st4immigration.com
If you are an Immigration Adviser or a Solicitor
please visit our immigration Training and CPD website: www.1st4immigration.com/training