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Frantz I
Frantz I, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 401
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: 9 months ago.
Category: Immigration Law
Expert:  Frantz I replied 9 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 9 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 9 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:  Frantz I replied 9 months ago.

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

Customer: replied 9 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:  Frantz I replied 9 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.

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