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Discussion Starter · #1 ·
Hi

I passed my B1 test in May 2016 , it has 2 year expiry so until May 2018. I used this for my FLRM in June 2016.

can I still use this expired test for ILR which is end Dec 2018?

the blurb from the Home office, implies I can

I..e. 1) still SELT list

2) used with FLR M application

The test must have been taken no more than 2 years before the date of application.
However, for settlement applications, you must accept a qualification from one of the providers on the current SELT that has passed the expiry date, if it has previously been accepted by us in connection with another immigration application, e.g. for entry clearance. A qualification that is not from one of the providers on the current SELT list is not acceptable even if previously accepted by us in connection with another application.


any confirmation would be appreciated
 

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Discussion Starter · #3 ·
Hi Joppa

I contacted a OISC advisor re the above

can you review their response and provide your view

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:
the applicant-
(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
 
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