Changes to the 'knowledge of language and life' requirement for ILR/Naturalisation

[macduff]

Chris download the requirements as you've just stated and ask the college to re write everything for you with the latest editions.I'm sure they'll oblige.

[m0ntecarl0]

The college have just done me a new letter - for anyone whom needs a template - reads as follows:-

ELT Department
Cauldwell Street
Bedford
MK42 9AH

Tel: 01234 ?
14 April 2010

TO WHOM IT MAY CONCERN

Confirmation of achievement of a Certificate in ESOL Skills for Life delivered within a citizenship context

The attached Certificate in ESOL Skills for Life at Entry Level 1(Speaking and Listening) awarded by City and Guilds is being submitted by Suwimol ? (DOB 09.11.1974) as part of her application for naturalization, as set out in requirements by the Home Secretary.

This letter is to confirm that the certificate was gained after attendance at an ESOL course provided by this institution. This course was delivered in a citizenship context and used materials derived from ‘The Citizenship materials for ESOL learners’ pack produced for the Home Office by NIACE and LLU+.

Suwimol ? was originally assessed by an ESOL tutor holding a combination of the following qualifications:
• Level 4/5 ESOL Subject Specialism
• CELTA
• PGCE
• Cert Ed

Suwimol ? progressed from Pre-entry level to Entry Level 1 during her studies from 15 September 2008 until 19 June 2009

Bedford College is an accredited college as it is a publicly funded college which is subject to inspection by Ofsted.


Signed ……………………............... Printed Name ………………………………...
Karike ?
Assistant Director
English Language Teaching Department




College/Institution Stamp

[macduff]

Forgive me if i'm wrong but shouldn't it say application for ILR not naturalisation or have they changed the wording to mean the same?

[m0ntecarl0]

but surely ILR comes before Naturalisation which is leading to it?

it states "as part of her application for naturalization"

[macduff]

I remember when my wife got her letter from the college,the head of English gave us naturalisation instead of Indefinite Leave to Remain.I challenged him about it and he gave us another letter stating ILR,which we submitted to which there were no problems.

We keep the naturalisation letter to submit after we got ILR at a later date and again no problems.

[m0ntecarl0]

she is applying for ILR correct which is the first part of her application for naturalization?

The same letter is needed in one year for Naturalisation too.

Tobias - please advise?

[Tobias]

Chris, don't worry mate. The letter needs to state only that there was progression and that the course was conducted in a citizenship context.

That letter is fine.

[Big AL]

This seems an unreasonable way for UKBA to behave, as they must know that many people must have obtained the letter previously. There should be a future effective date for this new requirement.

I had to pay the local authority for the letter confirming citizenship content etc. Then a few months ago there was a scare about letters not including reference to progression, so I got a second letter.

I was just about to send off my wife’s application and would not have known about the most recent requirement, but for Chris’ post.

I now have to get a third letter, although the person is on Easter break as it is a college.

Would UKBA really reject an application that met all the requirements that were on their website when the form was downloaded? Surely there will be lots of applications that were completed in good faith before the website was amended and without knowledge of this somewhat retrospective requirement. Will they be refused, put on hold and the applicants told to get a new letter or granted the visa? This will cause UKBA itself problems.

[m0ntecarl0]

Big AL - I shed your frustrations too.....when I spoke to the Assisant Director of Bedford College yesterday she told me she has been getting many students come back for revised letters (since April 7th changes) as the UKBA were not accepting anything but the new format letter.

I have been preparing for my wife's ILR for 2 years and made all plans for college, etc over the last 2 years .....as my wife became a full time mother there wasn't really an option to go back this year so we got the ESOL qualification whilst she was pregnant/gave birth!!

You say you have to pay for your letter - why?

Bedford College are fantastic and so helpful - surely you shouldn't have to pay for this letter?

[Gary & Nok]

Would UKBA really reject an application that met all the requirements that were on their website when the form was downloaded?

Depends if the form that was downloaded is the latest form as per the website. Does the form actually state the new requirements.

As many of us download the form months/years before we actually apply so we can so what is required, and as the form is updated as and when necessary, you should always check you have the latest version before submitting the application.

[Big AL]

You say you have to pay for your letter - why?

Bedford College are fantastic and so helpful - surely you shouldn't have to pay for this letter?

Chris,

The Local Authority never explained why I had to pay. They did not even incur postage costs as I had to take a day off work and drive my wife to an office in Houghton Regis, where she had to produce her passport (again).

Gary did ask if they wore masks. It’s not really what you expect from a Local Authority. However, they now say that they will send a third letter sometime next week. Fortunately, there has been no mention of having to go to pick it up or having to pay.

Thanks for bringing this new requirement to everyone’s attention, as they say. (I just hope that there are no more.)

Alan

[Big AL]

I have received a third version of the letter now.

This says that my wife "progressed in her English skills from Pre-Entry Level to Entry Level 1. She achieved the enclosed certificate in ESOL Skills for Life from City and Guilds at Entry Level 1 (speaking and listening)".

The letter seems to have all the other requirements, including the new ones.

Is the above OK?

Thanks.

[Tobias]

Yes

[Big AL]

Thanks Tobias. (Becoming paranoid about this letter.)

[Robert 5000]

The collage my wife is studying at is an FEFC accredited college (Strode collage, Street) it doesn't appear on the list of accredited colleges, anyone know if FEFC is ok?

[Tobias]

The content below has been copied from a similar discussion, I've copied it here as it has important information relevant to this topic.

Gary, that might have worked before the rules changed. Is Cohesion Legal Or Stirling an "accredited" college? I'm not convinced they are under the new rules. If I am correct, that qualification will not be recognised for ILR until they become accredited.

Oh yes, forgot about that. I will give Malic a ring tomorrow and see if I can find out.

Perhaps Sterling can post for them.

Tobias, I have received this mail from Cohesion which appears to confirm that they are still OK to use.
Hopefully you will agree but if not let me know and I can try to clarify with them any point.


Dear Gary,
Many thanks for contacting us and I would like to thank you for all your support and passing the good word of mouth for our services to the people you know and the Thai-UK Forum.
Yes, the certificates that we issue are still valid to be used for Indefinite Leave to Remain, Nationality and Tier work permit applications. I would like to also confirm that we have been confirmed by the Home Office that a college in our position falls within the definitions of 'accredited college' as we provide some publicly funded programs and are subject to Ofsted, LSC and ESF inspections directly or through our partnerships for contracts that we currently hold.
Once again many thanks for your kindly support and the good word of mouth that you provide on behalf of our centre. Please pass my best regards to your wife Nok and I wish you two all the best. Please contact us if you feel that we can provide to you any further services or support.
Kind regards,
Malik Sheikh

If (and I cannot confirm one way or the other) they are themselves directly inspected by Ofsted then they will be accredited under the new rules. I would advise anyone using a private college for Immigration qualification to get written confirmation from the institution before commencing a course that the college is an 'accredited college' and their qualifications and supporting documentation are suifficient for Immigration and Naturalisation applications to the UKBA.

If it then transpires that the college is not accredited a claim for compensation can be made and properly evidenced. I am preparing to fly to the USA on Monday so do not have time at present, but if some kind soul would remind me in a week or two I shall prepare a template letter for requesting such a confirmatin from a college.

[macduff]

I already spoke with cohesion legal services this morning and they've assured me the new requirements will be implemented in there wording of the required letter.They also say the course will be a little longer but still in the space of 5 days.

I also mentioned about being accredited which they explained that they get funding from the government and government bodies.

I will be sending my thai wifes cousin for the weeks course next month so i needed to make sure her money is not wasted on the certification on speaking and listening and that her naturalisation will be successful when applied for.

[Big AL]

Yesterday I heard an item on Radio 4’s “You and yours”. It was about people caught out by the requirement to have a letter from the ESOL course provider confirming that it is accredited. An applicant was told that he must produce such a letter within 14 days. He could not do so because the college was not accredited.

The programme reported that a general concession has now been given (but not publicized) that if applicants had booked an appointment for ILR before the change was announced they will not be required to produce such a letter. This is tough on anyone who booked an appointment later, but also on those using the postal method.

Maybe this is not the end of the story. I know UKBA’s website has some weasel words about checking the site to ensure that you use the latest version of the form etc. However, it is hard to see the reasonableness of a public body introducing a new requirement in circumstances which mean that the change will inevitably be too late for people who complied with the previously published requirements and attended a course run by a non accredited institution.

[Tobias]

I already spoke with cohesion legal services this morning and they've assured me ...

Make sure you get this in writing before parting with any money. Look at my earlier post for content.

[Flip]

Mods, can you please amend the OP's initial post. When I first read this thread it scared the hell out of me as it gave me the impression that these requirements are applicable to a first application for settlement - not ILR 2 years down the line.

I've been around a while and soon realised the reality but a new member might not.