Big Boy wrote: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.
Glad it all worked out okay BB, but that's a hell of a technicality!
Yes, they thought she had passed the necessary tests, but the certificate issued was one of attendance, not that she had passed the test. By the time they realised the wrong certificate had been issued, her visa had expired - too late to do anything without appeal.
I'd forgotten all about this thread, but it turns out Bapak was right. In that those in the UK seeking an extension (FLR) of their settlement visa, have to pass the new A1 level (listening & speaking) test to do so, in the UK, or else return back to wherever they came from.
Now I understand the new test is simple and only lasts a few minutes, but in the UK, only 6 service providers have been accredited by the Home Office or whoever, and most don't offer AI as a stand alone test. Its offered as part of ESOL, or tied in with writing and reading tests, and it could be argued thats a good thing. But its tough on those who came here under the old rules and simply can't manage, say the reading and writing element, or one or the other, or can even find a test provider that doesn't require that.
In reality, this has been introduced as much to stop those from the Indian sub-contintent just bringing over cousins or whatever to marry and they will never assimilate, or even be allowed to by family members, even if they want to, because of the language barrier.
I'm aware of Thais that have had to return to Thailand to take the test and then apply again for visas (not sure if SV or FLR?).
And by coincidence, I know a couple that weren't aware of the changes to the visa rules. The daft thing is that she (Thai) speaks and writes excellent English, has passed NVQ's and written exams in her field, but because of working hard, just never got around to completing LITUK. Her visa is due for renewal soon, so she crammed at it and took it a few weeks ago, but failed - was told she was close. She takes it again this week and hopefully she'll pass. If not, I have managed to get her on the A1 test, set by Trinity College, after her LITUK test. But she'll have to do a 300 mile round trip to London to do so, and fork our fifty quid for the privilege!
But the biggest nonsense, is that anyone from europe, without being able to speak a word of English, is free to travel, live, work and/or claim benefits here without any restrictions whatsoever. So end up staying within their communities and don't assimilate. This includes arabs/asians of whatever original source/religion, who having gained citizenship of another EU country, then travel here without any restrictions, to enjoy all the benefits.
caller wrote:But the biggest nonsense, is that anyone from europe, without being able to speak a word of English, is free to travel, live, work and/or claim benefits here without any restrictions whatsoever. So end up staying within their communities and don't assimilate. This includes arabs/asians of whatever original source/religion, who having gained citizenship of another EU country, then travel here without any restrictions, to enjoy all the benefits.
Its friggin' madness!
We have 2 Thais in our local community who came to the UK after achieving German citizenship. One of them would probably pass the test, but the second wouldn't have a clue where to start.
caller wrote:I'd forgotten all about this thread, but it turns out Bapak was right. In that those in the UK seeking an extension (FLR) of their settlement visa, have to pass the new A1 level (listening & speaking) test to do so, in the UK, or else return back to wherever they came from.
Now I understand the new test is simple and only lasts a few minutes, but in the UK, only 6 service providers have been accredited by the Home Office or whoever, and most don't offer AI as a stand alone test. Its offered as part of ESOL, or tied in with writing and reading tests, and it could be argued thats a good thing. But its tough on those who came here under the old rules and simply can't manage, say the reading and writing element, or one or the other, or can even find a test provider that doesn't require that.
In reality, this has been introduced as much to stop those from the Indian sub-contintent just bringing over cousins or whatever to marry and they will never assimilate, or even be allowed to by family members, even if they want to, because of the language barrier.
I'm aware of Thais that have had to return to Thailand to take the test and then apply again for visas (not sure if SV or FLR?).
It's another ill-thought out requirement being enforced as a smokescreen to avoid tackling the real issues.
If Thais have to return to Thailand to find somewhere to take the test then they are probably being forced to start the whole settlement visa procedure from the beginning again.
The ruling needs to be challenged in court, as I doubt if it would stand up to a 'splitting up families' defence argument.
The UKBA can also issue a discretionary visa as a concession if they so wish.
Most of the test centres that remain accredited are not really interested in allowing external canditates to sit the level 1 exam that takes only a few minutes. Presumably you can take the longer 3 hour exam and fail the reading and writing components just to get to the last few minutes oral part. It's still difficult and costly to do so though, and exams are often held only once or twice a year.
Trinity do seem to have identified the gap in the market and are holding the open exam days more frequently.
In the USA the test given to immigrants seeking citizen shipwas given to Americans, born and raised in the US, University students and only 20% passed.