Passing the Life in UK Test

[caller]

It's just got much harder!

In future, the English test, to a childs level, will take place before the visa is approved.

http://news.bbc.co.uk/1/hi/uk/10270797.stm

[Big Boy]

I'm sure you're aware, but isn't it disgusting that they're sending wives and mothers back to Thailand if they fail to achieve the qualification within 2 years? They're making them re-apply for a visa in their home country again. We've actually got a young mum here in Bristol being sent back to Thailand soon, who needs to get another visa so that she can be re-united with her husband and 1 year old daughter.

I've done a fair bit of research since caller's response:

I've not heard of that before and its certainly not cropped up on T-UK, just folk having to pay for an extension to their settlement visa.

I think there must be a lot more to this case than is being revealed. The directions on renewal are very clear on the UK immigration sites. Renewal should be done in the UK - definitely no need to return to Thailand.

Apologies for some naive scaremongering - I was taken right in

[chopsticks]

Big Boy wrote:
I'm sure you're aware, but isn't it disgusting that they're sending wives and mothers back to Thailand if they fail to achieve the qualification within 2 years? They're making them re-apply for a visa in their home country again. We've actually got a young mum here in Bristol being sent back to Thailand soon, who needs to get another visa so that she can be re-united with her husband and 1 year old daughter.

If she had the correct 'settlement' visa issued outside of the UK to a spouse or fiancee before travelling here then there shouldn't be any difficulty in extending her stay ('further leave to remain'). The settlement visas are not issued if the applicant is already in the UK, with say a tourist visa, then decides to marry a UK citizen and tries to change the visa category to settle here. She would have to leave UK and reapply from home country.
Tourist visas also cannot be extended.

[Big Boy]

No, she's definitely on a Settlement Visa. I think there might be something underhand going on here.

[kendo]

Caller,
What a joke just read your link it states that the english test will help with intergration, it also states that it will mainly affect people from Pakistan India and Bangladesh origins, now these groups normally keep them selves to them selves.

Kendo.

[Khundon1975]

My wife had a cd of the LIUK test, which she loaded onto my laptop.

She did maybe 30 trial tests and scored OK. But then she did speak English very well.

When she went for the test she got a pass with (I think) 19 correct answers.
I tried the test several times and some of the questions were IMO bizarre.

Be aware, that if the passport she shows as ID for the test has been amended with a name change or similar, they do not like it.

[kendo]

Don very good point,
My wife had her passport in her old married name, but we had a stamp from the embassy in London to state the change of name aswell as it being on her two year visa page.
kendo.

[Takiap]

I'm sure you're aware, but isn't it disgusting that they're sending wives and mothers back to Thailand if they fail to achieve the qualification within 2 years? They're making them re-apply for a visa in their home country again. We've actually got a young mum here in Bristol being sent back to Thailand soon, who needs to get another visa so that she can be re-united with her husband and 1 year old daughter.

Yes, disgusting indeed. Imagine if Thailand started doing the same thing. Saying that, if you're on a "marriage visa here, and your income is 39,999 baht per month rather than 40,000, you're out, no matter if you're married with kids. Sure, in Thai culture family means everything, but yet they'll tear a family apart over the sake of 100 baht.

I do agree with you though BB, splitting a family up over such trivial matters should be outlawed.

[Big Boy]

I'm sure you're aware, but isn't it disgusting that they're sending wives and mothers back to Thailand if they fail to achieve the qualification within 2 years? They're making them re-apply for a visa in their home country again. We've actually got a young mum here in Bristol being sent back to Thailand soon, who needs to get another visa so that she can be re-united with her husband and 1 year old daughter.

I was starting to err on the side of thinking this story had a lot more to it than what was being said. Here is an update.

They appealed against the original decision, and the hearing was last week. They heard today that the appeal had been successful. A further visa was issued.

One other thing that was said on another thread was:

But does anyone know if this new requirement will apply only to new immigrants - or will it be retrospective, to include immigrants already settled in the UK?

From Autumn 2010 all non-European migrants will have to demonstrate a basic command of English that allows them to cope with everyday life before they are granted a visa.

The new law is not retrospective.... and applies both to application made in inside and outside the UK.

That statement is very relevant to this, and I think it could confirm my original statement. Although not retrospective.... and applies both to application made in inside and outside the UK does contradict itself.

[chopsticks]

It does seem unfair to apply new rules to those already here on a settlement visa basis and are only applying for an extension. (FLR category).
Most of the other visa categories cannot be extended or applied for when already in the UK as I remember last time reading through it all.

[caller]

I'm sorry, but I'm confused now?

FLR has always been available from within the UK as the SV is expiring, especially where the spouse can't go for ILR as they haven't passed the LITUK test or the ESOL thing with Citizenship. Obviously, if they have managed either of these things, ILR is the better option.

The new test, starting from later this year, is a separate test of English, to a lower level and has to be taken and passed in the Country applying from, before the SV is even issued. LITUK or ESOL equivalent will still be required for ILR once in the UK.

Thats the link I posted in the first post on this page

[Big Boy]

Sorry caller, I see no link

[chopsticks]

I'm sorry, but I'm confused now?

FLR has always been available from within the UK as the SV is expiring, especially where the spouse can't go for ILR as they haven't passed the LITUK test or the ESOL thing with Citizenship. Obviously, if they have managed either of these things, ILR is the better option.

The new test, starting from later this year, is a separate test of English, to a lower level and has to be taken and passed in the Country applying from, before the SV is even issued. LITUK or ESOL equivalent will still be required for ILR once in the UK.

Thats the link I posted in the first post on this page

Agree with you but Bapak stated :..........and applies both to application made in inside and outside the UK.

Confused here as to what types of visas from non-EU applicants could still be made from within the UK ??
Only FLR category ? or are they referring to others such as students or skilled migrants ?

[caller]

Thanks guys - understood now! Bapak must be referring to visas other than SV/FLR/ILR.

[Big Boy]

I'm sure you're aware, but isn't it disgusting that they're sending wives and mothers back to Thailand if they fail to achieve the qualification within 2 years? They're making them re-apply for a visa in their home country again. We've actually got a young mum here in Bristol being sent back to Thailand soon, who needs to get another visa so that she can be re-united with her husband and 1 year old daughter.

I've done a fair bit of research since caller's response:

I've not heard of that before and its certainly not cropped up on T-UK, just folk having to pay for an extension to their settlement visa.

I think there must be a lot more to this case than is being revealed. The directions on renewal are very clear on the UK immigration sites. Renewal should be done in the UK - definitely no need to return to Thailand.

Apologies for some naive scaremongering - I was taken right in

A quick update on this one.

I met the couple today, and got to the bottom of the problem. The threat of deportation to obtain a new visa was very real. However, the reason it got to that stage was down to a technicality whereby the lady's UK visa had actually expired. As such, she was technically an illegal immigrant.

Anyway, all's well that ends well, and she was permitted to stay on appeal, and is now in possession of an indefinite stay visa.