Speak English?

Carly84

Andy_L wrote: »

Can he just not take the exam rather than do the course? Has he tried speaking to his education centre, they may be able to help.

Apparently not. There are no exceptions to the rule :-/

easilydistracted

God things don't change with the border agency hey! My partner's was also turned down on the not in the country on the day 5 years ago rule. They said don't worry, just re-date the form. Oh by the way the fees have gone up £400 please send us that too. He couldn't afford so had to give up. They never refunded his ceremony fee, it was a nightmare. Took him years to finally save up again.

Back on topic though, is your partner still in the army? There seems to be an exemption for people on discharge from military service. I am not sure when the discharge needs to have been. It would seem pretty crazy that people can get an exemption on discharge but not whilst serving??

There also seems to be an exemption for people with a particular language certificate, it might be cheaper just to sit the test for that though? Good luck

Fergie76

What's the problem with sitting the course?

If he can speak, read and write perfect English, what is the problem?

The Army will need to release him for the course, he will still get paid and it will be like a holiday for him.

I don't really see the problem other than the !!!!!!ance factor...

Carly84

easilydistracted wrote: »

God things don't change with the border agency hey! My partner's was also turned down on the not in the country on the day 5 years ago rule. They said don't worry, just re-date the form. Oh by the way the fees have gone up £400 please send us that too. He couldn't afford so had to give up. They never refunded his ceremony fee, it was a nightmare. Took him years to finally save up again.

Back on topic though, is your partner still in the army? There seems to be an exemption for people on discharge from military service. I am not sure when the discharge needs to have been. It would seem pretty crazy that people can get an exemption on discharge but not whilst serving??

There also seems to be an exemption for people with a particular language certificate, it might be cheaper just to sit the test for that though? Good luck

Hi yes he's still in, that's what I couldn't understand either ref those discharged??
It's also gone up again since last year.
Luckily the army will pay for this ESOL (shame they don't pay for the citizenship lol) but he can't just sit the test, he has to go for the full 10 day course.

Carly84

Fergie76 wrote: »

What's the problem with sitting the course?

If he can speak, read and write perfect English, what is the problem?

The Army will need to release him for the course, he will still get paid and it will be like a holiday for him.

I don't really see the problem other than the !!!!!!ance factor...

The problem is he shouldn't have been turned away last year & now this ESOL is just another added insult. Why should he have to sit through a course that is designed to ensure those who speak little or no English can get by in the UK when not only does he speak more English than Afrikaans but he is in the Britsh Army, married to a British person & has British children?
Surely the fact he's in the army should be enough?!

I can assure you with his work ethic it will not be like a holiday for him at all. He actually really enjoys his job, hence his plans to stay in until retirement.

Are you aware of the South African mercenary bill? Although this was initially passed 2008/09 (if memory serves me right) & it will probably be another few years before it gets passed as law, it's always a threat hanging over us.
The sooner he can get his citizenship the better.
It wouldn't be so bad if he could've sat the blinking course this month but instead has to wait another 2 months.

Yes it is more of an annoyance than a massive problem at the moment but it's the principal of it all.
There's so many exemptions yet despite everything, he still doesn't fall into any of those.

More so I want a European holiday this year without having to mess about with Visa's ;-)

Fergie76

Carly84 wrote: »

The problem is he shouldn't have been turned away last year & now this ESOL is just another added insult. Why should he have to sit through a course that is designed to ensure those who speak little or no English can get by in the UK when not only does he speak more English than Afrikaans but he is in the Britsh Army, married to a British person & has British children?
Surely the fact he's in the army should be enough?!

But them's the rules. I've no doubt he speaks better English than me (I'm Scottish) :rotfl:, but it doesn't matter who he is married to, if he wants citizenship, he needs to follow the rules.

Carly84 wrote: »

I can assure you with his work ethic it will not be like a holiday for him at all. He actually really enjoys his job, hence his plans to stay in until retirement.

What's his work ethic got to do with anything? If he has to do a basic English course and exam, and he can speak, read and write perfect English, then the course will hardly be taxing for him and therefore like a holiday.

Carly84 wrote: »

Are you aware of the South African mercenary bill? Although this was initially passed 2008/09 (if memory serves me right) & it will probably be another few years before it gets passed as law, it's always a threat hanging over us.
The sooner he can get his citizenship the better.

Yes, I am.

womble_lancs

Carly84 wrote: »

He tried to apply last April 2013, did Life In the UK test & took everything to the checking service but was turned away because one of the requirements is that he had to be on British soil on that day 3 or 5 years ago. On that day 3 years ago he was serving in Afghan & on that day 5 years ago he was serving in Iraq. Despite this being with the British Army & the fact that it was british sovereignty land, there's no exception. Even though members of the forces are exempt from the amount of days out of the country rule. It made no sense & I tried to get help from our local MP to no avail.

According to the Home Office website, the residence requirement will be disregarded if:

"the absence occurred because you were serving abroad in Crown service, or for a compelling occupational or compassionate reason."

Therefore, I would say that his application has been refused based on an error on a point of law, so I would advise you get get an immigration solicitor on the case. I'm disappointed that you didn't get anywhere with your MP. He/she should have written to the immigration minister to get that corrected. I'm also fairly certain that, if it was refused because of an error based on a point of law, you should not have to pay again for a fresh application.