English language test for spouses of British citizens: what is going on? Part 1: initial visa and extension before October 2016.

By 1st 4Immigration - #1 UK Immigration Experts -
When it comes to the English language requirement for a spouse, partner or fiancé(e) of a UK citizen, it feels like it changes all the time –and it does! We also have to mention here that these rules do not apply to spouses of European (non-UK) citizens at all, only to spouses and partners of UK citizens applying for a settlement visa under the UK law.
 
Out of the old list of about 10 acceptable English tests only 2 continue to be “approved” from 15 November 2015. To make it more complicated, this short list of 2 tests was actually introduced from April 2015 but the old tests were still accepted until 15 November 2015.

The only 2 remaining tests are IELTS and one by Trinity College. These are the only tests which are no acceptable if you are applying for a Spouse / Partner / Fiance(e) visa for the first time, in the UK or outside the UK, even if you had used a different test for a different visa before that (such as if you used a different test for a Tier 2 visa and are now switching to a spouse visa inside the UK). Examples of the most popular test which are not acceptable anymore: TOEFL, TOEIC, Pearson.
 
It is a different story if you had already met the English language requirement, at A1 level, when you applied for your 1st Spouse / Partner  or a Fiancé(e) visa in the past and are now extending it after the initial 2.5 years.
 
Here the rules say: “If the applicant has not met the requirement in a previous application for leave as a partner or parent, the applicant must provide specified evidence that they ... have passed an English language test in speaking and listening at a minimum of level A1.” The link can be found here:  https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-family-members
 
So, if you are applying for an extension, ie for your 2nd spouse/partner visa (or switching from fiance(e) to spouse) then you don’t need to meet this requirement again, at all, even if you previously used one of the tests which is no longer on the approved list. You just ignore this requirement for now altogether unless ...
 
Now read our next post about the upcoming changes for spouses and partner of Brits applying for an extension from October 2016 onwards: http://1st4immigration-visas.blogspot.co.uk/2016/04/english-language-test-for-spouses-of_30.html
 
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

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