Expired B1 for ILR SET M
My wife used her b1 test for her FLRM in 2016. Her ilr is due end of this year however the b1 will technically expire before her ILR .
My question is could we still use this expired B1 for her ILR SET M in Dec 2018.
Provided that your wife has had continuous leave from when the English certificate was accepted by the Home Office you can use this for your wife's SET(M) application.
@lauren thank you. She has been in the uk since the exam.
So then expired B1 will be fine for ILR .
can you look at below response from another OISC advisor and clarify the difference in opinion
With regard to Bi test there is a conflict between the Immigration Rules and the Guidance issued by Home Office.
The Guidance states:
Validity of qualifications
Validity dates of SELT qualifications listed in Appendix O of the Immigration Rules, or on the Ofqual register, will not be applied for settlement applications provided either:
• • the qualification has previously been accepted for another immigration application
• if it is being presented for the first time, that it was taken in: o England and was regulated by Ofqual
o Wales and was regulated by the Welsh Government
o Northern Ireland and was regulated by the Council for the Curriculum, Examinations and Assessment (CCEA)
o Scotland and was regulated by the SQA
However the Immigration Rules states:
.1 An applicant for leave to enter or remain has sufficient knowledge of the English language and about life in the United Kingdom for the purpose of an application for indefinite leave to enter or remain made under these Rules if the requirements set out in paragraphs 2.2 and 2.3 are met unless the exceptions set out in Part 3 apply.
2.2 For the purposes of paragraph 2.1, an applicant demonstrates sufficient knowledge of the English language if:
(i) has limited leave to enter or remain in the UK, and
(ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.
The bold letters I have added above. Only if her previous grant of leave required a B1 pass would the test be valid for this application if it had been used in a previous application. Since she only needed A1 and latterly A2 I would interpret that she cannot rely on the expired test because her previous grant of leave didn’t require that level of qualification.
My advice would be to obtain a new B1 test