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frantzgregory
frantzgregory, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 497
Experience:  Over 5 years dealing with EEA Law, Nationality, Immigration and Asylum Law.
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I cleared my ielts exam in october 2014. I applied for tier

Customer Question

Hello
I cleared my ielts exam in october 2014. I applied for tier 2 visa (general) in January 2015 based on CoS from a hospital in London and i was granted tier 2 general visa valid from February 2015 to June 2016. But i did not used that visa, as i later came to know that i can not get sponsorship from royal college for medical council registration on tier 2 visa. They (royal college ) only grant sponsorship on tier 5 visa for gmc registration. So again i got sponsorship (CoS) from royal college under TIER 5 and subsequently got a new visa under tier5 (valid till 15/12/16) and came to UK in November 2015 and i am living and working here since then.
Now i again got a job offer for which employer (hospital) is offering me tier 2 sponsorship from December this year. My question is
- Do i need to clear IELTS exam again, as my previous IELTS certificate expires in october 2016 (2 year validity) to apply for visa in December 2016 under tier2 (General)?
Submitted: 11 months ago.
Category: Immigration Law
Expert:  frantzgregory replied 11 months ago.

Hello

You may be required to take the language test again if the previous one will expire. You should contact Trinity College London for advice.

Customer: replied 11 months ago.
please interpret this in simple words
"134.If you are applying for entry clearance or further leave to remain under the Tier 2 (General)
category, you must have a level of English equivalent to level B1 or above of the Council of
Europe’s Common European Framework for Language Learning. The only exceptions to this
requirement is if:
 you are applying for leave to remain and you currently have, or you were last given,
permission to stay in Tier 2 (General) under the rules in place before 6 April 2011 and
you have not been granted leave to remain in any other routes, or entry clearance or
leave to enter in any route, since the grant of leave; you must have a level of English
equivalent to level A1 or above of the Council of Europe’s Common European Framework
for Language Learning, or
 you qualify under the transitional arrangements detailed in paragraph 161 below"
Customer: replied 11 months ago.
I have been working here as clinician for last 1 year and i am registered with a professional body (general medical council), do i still need english test? The english test was taken by me before tier5 and tier2 visa.
Expert:  frantzgregory replied 11 months ago.

You would only get exemption through studying to at least degree level and taught in English.

Customer: replied 11 months ago.
Hi Frantz
I just got confused with the text copied below from https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/514054/Tier_2_Policy_Guidance_04_2016.pdf
Please have a look and advise me as i already got a tier 2 visa (general) in Jan 2015 :Previous grants of leave
154.You will be awarded 10 points for English language where you have met the English
language requirement in a previous grant of leave. This will be the case if you have ever
been granted leave:
 under the Tier 1 (General) category, Tier 1 (Entrepreneur) category or as a
Businessperson or under Tier 1 (Post Study Work) category; or
 as a Highly Skilled Migrant under the Rules in place on or after 5 December 2006; or
Tier 2 Policy Guidance (Version 04/2016) Page 39
 under the Tier 1 (Graduate Entrepreneur) category, having then provided evidence of
having a knowledge of English equivalent to level B1 of the Council of Europe’s Common
European Framework for Language Learning or above; or
 under the Minister of Religion category (not Tier 2 (Minister of Religion)) under the rules in
place on or after 19 April 2007; or
 under the Tier 2 (Minister of Religion) category, having the provided evidence of meeting
the English language requirement; or
 under the Tier 2 (General) category under the rules in place on or after 6 April 2011,
having provided evidence of having a knowledge of English equivalent to level B1 of the
Council of Europe’s Common European Framework for Language Learning or above; or
 as a Tier 4 (General) student where the Confirmation of Acceptance for Studies used to
support your application for that grant was assigned on or after 21 April 2011. If you are
applying for Tier 2 (Minister of Religion), the Certificate of Acceptance of Studies must
also have been assigned for a course of at least degree level study.
Expert:  frantzgregory replied 11 months ago.

I cannot give advice on JustAnswer.

You were first granted a Tier 2 visa but that visa was not activated and in any event you were granted leave in another route Tier 5 - the exception does not apply from a general point of view. But I suggest you seek legal advice as we can only give general answers on JustAnswer.