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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi thereI need to know if my children (aged 19 and 21)

Resolved Question:

Hi there

I need to know if my children (aged 19 and 21) when I apply for my ILR in April 2014, will be exempt for the new ESOL requirements and what evidence do I need to present to show they are exempt.

My son and my daughter were my dependants (under the age of 18) when I first applied for entry to the UK in 2009. Now that I am applying for ILR, they have passed the age of 18 and need to satisfy the ESOL requirements for our application in April 2014.

However, their situation is as follows:

For my daugther, will be 21

When we arrived in the Uk in 2009, my daughter went straight into AS and thereafter A levels and completed her A levels with Biology, Chemistry and Maths achieving all 'A' passes. She did not do GCSE exams. She studied at an english teaching - excellent as rated by offsted school, named St John the baptist in Woking.

She went on to study at Kings college London university(without doing any english qualifying tests) reading her Biomedical Science degree and is now in her final year, Year 3. She has obtained an A-Pass(first degree) in both her first year and 2nd year.

Does she still have to do an ESOL exam even though she has done this well in her studies and even though it is taught in English ??

For My Son, will be 19

He has completed the GCSE exams with English attaining an 'A' pass. He has continued to do his AS and A levels, Completing 2 A* and A for Biology, Chemistry and Maths

Do you know if they still have to do the ESOL qualification and if not, what information do I have to produce to the UKBA to show that they are exempt
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.

Hello,

 

The good news is that your children are exempt from the English language requirement as they are now adult dependent relatives (but were under 18 when they first came to the UK as your dependents), see here: http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/knowledge-language-life/

 

All the best

UKSolicitorJA and 2 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks, XXXXX XXXXX mean that they do not have to do the


 


1) Life in the Uk test and


2) show that they have a speaking and listening qualification in English at B1 CEFR or higher, or its equivalent.


 


Does this apply to my wife too who applied with me as my dependant too, although she has a Degree taught in English.


 


Does She also fall under the Adult dependant relatives ?


 

Customer: replied 3 years ago.
I would like the same expert to answer please
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

I have done further research and it seems that the rules changed in October 2013 and your children and wife need to meet the KOLL requirement (i.e. pass the Life in the UK test and show English language qualification).

Your son meets the English language requirement and you just need to submit his A level certificates.

Your daughter may check if her qualification is listed here: http://register.ofqual.gov.uk/Qualification

Customer: replied 3 years ago.


This is very dissapointing. On the one hand you say they exempt and now you say they are not.


 


How do I check if their qualifications meet the requirements. How do i search in this link for their A level qualification.


 


Also, it does not make sense that my daughter has to do the test if she is at a english teaching university in her third year and have had First degree passes in the last two years. Surely this will play a role too.


 


I need to know, what to check in the qualification data base for their A-level qualifications to make sure it is comparable to the english language qualification

Expert:  UKSolicitorJA replied 3 years ago.
Sorry but the rules changed recently.

Search under Qualification Type and Qualification Level to see.

As for your daughter, yes, proof should be submitted that she is undertaking the degree course and also show proof of her GSCE.

All the best
Customer: replied 3 years ago.


Sorry, I think there is a misunderstanding


 


My son did his GCSE in English


 


My daughter did get AS and A Levels in Biology, Chemistry and Maths. She did not do GCSE's. Are you saying that if she produces proof that she is doing the course that she will be exempt ???


 


An my son, it is not clear what i should look for to satisfy that he is exempt for his GCSE English and that it is equivalent to the requirement of B! CEFR or Higher?


 


Please clarify

Expert:  UKSolicitorJA replied 3 years ago.

I am afraid the news is not good:

 

Apparently both your children will need to take an appropriate English language test for settlement, the GCSE and A Levels will not help either of them. The fact that your daughter has not yet received her degree will not help, she needs to receive her degree for her to be exempted.

 

Sorry, this may not be what you wish to hear.