Questions on applying for settlement visa for my American wife
Nov 25th 2010, 10:16 am
#31
Forum Regular
Joined: Feb 2009
Posts: 294
Re: Questions on applying for settlement visa for my American wife
Manny
the LITUK test or other proof of LITUK is compulsory for all settlement visas unless the applicant is exempt (see quote below)
my wife took and passed the test whilst we were visiting UK for a holiday
she then applied for her settlement visa (using the online form VAF4A)
because she had already passed the test and because we had been married for more than four years and living outside of the UK during that time, she was given the Indefinite Leave to Enter visa
this saves a lot of money in UK visa fees (more than the return airfare back to UK to take the test!!!)
without the test your wife will only get a 27-month limited entry visa
she can then take the test in UK and hopefully pass before the end of the initial entry visa, whereupon she can apply for her Indefinite Leave to Remain visa (using the SET(M) form)
the LITUK test or other proof of LITUK is compulsory for all settlement visas unless the applicant is exempt (see quote below)
my wife took and passed the test whilst we were visiting UK for a holiday
she then applied for her settlement visa (using the online form VAF4A)
because she had already passed the test and because we had been married for more than four years and living outside of the UK during that time, she was given the Indefinite Leave to Enter visa
this saves a lot of money in UK visa fees (more than the return airfare back to UK to take the test!!!)
without the test your wife will only get a 27-month limited entry visa
she can then take the test in UK and hopefully pass before the end of the initial entry visa, whereupon she can apply for her Indefinite Leave to Remain visa (using the SET(M) form)
Knowledge of language and life in the United Kingdom
33B. A person has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom for the purpose of an application for indefinite leave to remain under these rules if -
(a) i) he has attended an ESOL course at an accredited college;
ii) the course used teaching materials derived from the document entitled "Citizenship Materials for ESOL Learners" (ISBN 1-84478-5424);
iii) he has demonstrated relevant progress in accordance with paragraph 33F; and
iv) he has attained a relevant qualification; or
(b) he has passed the test known as the "Life in the UK Test" administered by an educational institution or other person approved for this purpose by the Secretary of State; or
(c) in the case of a person who is the spouse or civil partner or unmarried or same sex partner of:
i) a permanent member of HM Diplomatic Service; or
ii) a comparable UK-based staff member of the British Council on a tour of duty abroad; or
iii) a staff member of the Department for International Development who is a British citizen or is settled in the UK, a person designated by the Secretary of State certifies in writing that he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom for this purpose.
33C. In these Rules, an 'accredited college' is:
(a) a publicly funded college that is subject to inspection by the Office for Standards in Education, Children's Services and Skills (if situated in England), the Education and Training Inspectorate (if situated in Northern Ireland), Her Majesty's Inspectorate of Education (if situated in Scotland), Estyn (if situated in Wales); or an inspection programme that has been approved by the Island's Government (if situated in the Channel Islands or Isle of Man); or
(b) a private college that has been accredited by Accreditation UK, The British Accreditation Council (BAC), the Accreditation Body for Language Services (ABLS), the Accreditation Service for International Colleges (ASIC).
33D. In these Rules, a 'relevant qualification' is:
(a) an ESOL qualification in speaking and listening which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation (Ofqual) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and is determined by Ofqual as being at Entry Level; or
(b) one National Qualifications Unit in ESOL at Access 2, Access 3 or Intermediate 1 Level approved by the Scottish Qualifications Authority.
33E. In these Rules, a 'suitably qualified person' is a person who is deemed suitably qualified by the institution in which the assessment is undertaken.
33F. An applicant has 'demonstrated relevant progress' if he meets the requirements of paragraphs 33F (a) or (b).
(a) The requirements in respect of a relevant qualification awarded or authenticated by a body which is recognised by Ofqual under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009, are that the applicant provides evidence to the Secretary of State that:
(i) prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of English language ability; and
(ii) he has successfully completed a course of study leading to a relevant qualification; and
(iii) having been assessed in accordance with paragraph (i) as being below Entry 1, he has attained a relevant qualification at Entry 1, 2 or 3; or
(iv) having been assessed in accordance with paragraph (i) as being at Entry 1, he has attained a relevant qualification at Entry 2 or 3; or
(v) having been assessed in accordance with paragraph (i) as being at Entry 2, he has attained a relevant qualification at Entry 3.
(b) The requirements in respect of a relevant qualification approved by the Scottish Qualifications Authority are that the applicant provides evidence to the Secretary of State that -
(i) prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of English language ability; and
(ii) he has successfully completed a course of study leading to a relevant qualification; and
(iii) having been assessed in accordance with paragraph (i) as being below Access 2, he has attained a relevant qualification at Access 2 or 3 or at Intermediate 1 level; or
(iv) having been assessed in accordance with paragraph (i) at Access 2, he has attained a relevant qualification at Access 3 or Intermediate 1 level; or
(v) having been assessed in accordance with paragraph (i) at Access 3, he has attained a relevant qualification at Intermediate 1 level.
33G. If in the special circumstances of any particular case the Secretary of State thinks fit, he may waive the need to fulfil the requirement to have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom if he considers that, because of the applicant's physical or mental condition, it would be unreasonable to expect him to fulfil that requirement.
33B. A person has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom for the purpose of an application for indefinite leave to remain under these rules if -
(a) i) he has attended an ESOL course at an accredited college;
ii) the course used teaching materials derived from the document entitled "Citizenship Materials for ESOL Learners" (ISBN 1-84478-5424);
iii) he has demonstrated relevant progress in accordance with paragraph 33F; and
iv) he has attained a relevant qualification; or
(b) he has passed the test known as the "Life in the UK Test" administered by an educational institution or other person approved for this purpose by the Secretary of State; or
(c) in the case of a person who is the spouse or civil partner or unmarried or same sex partner of:
i) a permanent member of HM Diplomatic Service; or
ii) a comparable UK-based staff member of the British Council on a tour of duty abroad; or
iii) a staff member of the Department for International Development who is a British citizen or is settled in the UK, a person designated by the Secretary of State certifies in writing that he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom for this purpose.
33C. In these Rules, an 'accredited college' is:
(a) a publicly funded college that is subject to inspection by the Office for Standards in Education, Children's Services and Skills (if situated in England), the Education and Training Inspectorate (if situated in Northern Ireland), Her Majesty's Inspectorate of Education (if situated in Scotland), Estyn (if situated in Wales); or an inspection programme that has been approved by the Island's Government (if situated in the Channel Islands or Isle of Man); or
(b) a private college that has been accredited by Accreditation UK, The British Accreditation Council (BAC), the Accreditation Body for Language Services (ABLS), the Accreditation Service for International Colleges (ASIC).
33D. In these Rules, a 'relevant qualification' is:
(a) an ESOL qualification in speaking and listening which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation (Ofqual) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and is determined by Ofqual as being at Entry Level; or
(b) one National Qualifications Unit in ESOL at Access 2, Access 3 or Intermediate 1 Level approved by the Scottish Qualifications Authority.
33E. In these Rules, a 'suitably qualified person' is a person who is deemed suitably qualified by the institution in which the assessment is undertaken.
33F. An applicant has 'demonstrated relevant progress' if he meets the requirements of paragraphs 33F (a) or (b).
(a) The requirements in respect of a relevant qualification awarded or authenticated by a body which is recognised by Ofqual under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009, are that the applicant provides evidence to the Secretary of State that:
(i) prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of English language ability; and
(ii) he has successfully completed a course of study leading to a relevant qualification; and
(iii) having been assessed in accordance with paragraph (i) as being below Entry 1, he has attained a relevant qualification at Entry 1, 2 or 3; or
(iv) having been assessed in accordance with paragraph (i) as being at Entry 1, he has attained a relevant qualification at Entry 2 or 3; or
(v) having been assessed in accordance with paragraph (i) as being at Entry 2, he has attained a relevant qualification at Entry 3.
(b) The requirements in respect of a relevant qualification approved by the Scottish Qualifications Authority are that the applicant provides evidence to the Secretary of State that -
(i) prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of English language ability; and
(ii) he has successfully completed a course of study leading to a relevant qualification; and
(iii) having been assessed in accordance with paragraph (i) as being below Access 2, he has attained a relevant qualification at Access 2 or 3 or at Intermediate 1 level; or
(iv) having been assessed in accordance with paragraph (i) at Access 2, he has attained a relevant qualification at Access 3 or Intermediate 1 level; or
(v) having been assessed in accordance with paragraph (i) at Access 3, he has attained a relevant qualification at Intermediate 1 level.
33G. If in the special circumstances of any particular case the Secretary of State thinks fit, he may waive the need to fulfil the requirement to have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom if he considers that, because of the applicant's physical or mental condition, it would be unreasonable to expect him to fulfil that requirement.
Last edited by john5655; Nov 25th 2010 at 10:24 am.
Nov 25th 2010, 1:11 pm
#32
Forum Regular
Thread Starter
Joined: Nov 2010
Location: UK
Posts: 166
Re: Questions on applying for settlement visa for my American wife
Manny
the LITUK test or other proof of LITUK is compulsory for all settlement visas unless the applicant is exempt (see quote below)
my wife took and passed the test whilst we were visiting UK for a holiday
she then applied for her settlement visa (using the online form VAF4A)
because she had already passed the test and because we had been married for more than four years and living outside of the UK during that time, she was given the Indefinite Leave to Enter visa
this saves a lot of money in UK visa fees (more than the return airfare back to UK to take the test!!!)
without the test your wife will only get a 27-month limited entry visa
she can then take the test in UK and hopefully pass before the end of the initial entry visa, whereupon she can apply for her Indefinite Leave to Remain visa (using the SET(M) form)
the LITUK test or other proof of LITUK is compulsory for all settlement visas unless the applicant is exempt (see quote below)
my wife took and passed the test whilst we were visiting UK for a holiday
she then applied for her settlement visa (using the online form VAF4A)
because she had already passed the test and because we had been married for more than four years and living outside of the UK during that time, she was given the Indefinite Leave to Enter visa
this saves a lot of money in UK visa fees (more than the return airfare back to UK to take the test!!!)
without the test your wife will only get a 27-month limited entry visa
she can then take the test in UK and hopefully pass before the end of the initial entry visa, whereupon she can apply for her Indefinite Leave to Remain visa (using the SET(M) form)
Feb 28th 2011, 12:06 am
#33
Forum Regular
Joined: Feb 2011
Posts: 72
Re: CONFUSED GO BACK TO UK OR STAY IN CANADA?
Hi Manny & all
I am so glad i found this forum it has answered a lot of questions I needed answered.
I am british citizen living in Canada hubby has TRV I have PR & we are contemplating whether to apply for his PR status (I applied as I was the only family member left in UK & i married hubby AFTER I got my visa) I have been here nearly 2 years & married for nearly the same. Hubby has been to the UK on visit visa but we met abroad in his country & since then been corresponding. I visit him or he comes few months at a time but I feel lonely when hubby's not here. I am thinking to go back to UK (I miss friends & find it hard to make new friends although I have family here I dont hardly see them)! it doesnt make sense to process hubbys PR status if I plan to go by end of this year (although some advise me to stay until next year to apply for dual citizenship)?
In UK I already have accommodation and reading your info we would have to apply for form VAF4A (& do a live in UK test) but we prefer to do it AFTER our settlement application is approved as every time I travel it deducts the days/weeks etc in the country & he would have to apply for visitors visa again. hubby does not mind where he is as long as we are together permanently. please advise
I am so glad i found this forum it has answered a lot of questions I needed answered.
I am british citizen living in Canada hubby has TRV I have PR & we are contemplating whether to apply for his PR status (I applied as I was the only family member left in UK & i married hubby AFTER I got my visa) I have been here nearly 2 years & married for nearly the same. Hubby has been to the UK on visit visa but we met abroad in his country & since then been corresponding. I visit him or he comes few months at a time but I feel lonely when hubby's not here. I am thinking to go back to UK (I miss friends & find it hard to make new friends although I have family here I dont hardly see them)! it doesnt make sense to process hubbys PR status if I plan to go by end of this year (although some advise me to stay until next year to apply for dual citizenship)?
In UK I already have accommodation and reading your info we would have to apply for form VAF4A (& do a live in UK test) but we prefer to do it AFTER our settlement application is approved as every time I travel it deducts the days/weeks etc in the country & he would have to apply for visitors visa again. hubby does not mind where he is as long as we are together permanently. please advise
Mar 13th 2011, 9:35 am
#34
Just Joined
Joined: Mar 2011
Posts: 1
Re: Questions on applying for settlement visa for my American wife
Hello
How did you manage to do the LIUK test when she was just on a tourist visa? When I visited the site about this test they said you needed a Home Office reference number which you get when you apply for a settlement visa.
Thanks
How did you manage to do the LIUK test when she was just on a tourist visa? When I visited the site about this test they said you needed a Home Office reference number which you get when you apply for a settlement visa.
Thanks
