Language and Life in the UK- Proposed Changes To The Requirements For Settlement and Naturalisation
Knowledge of language and life in the UK - proposed changes to the requirements for settlement and naturalisation from October 2013
The Home Office have announced that they intend to make changes to the Rules regarding both settlement and naturalisation (citizenship) from 28 October 2013.
From that date, applicants for settlement or naturalisation will have to be able to show that they have passed the “Life in the UK Test” and that they have a speaking and listening qualification in English at Level B1, or an equivalent qualification.Currently, the requirement for settlement or naturalisation is that either the Knowledge of Life in the UK Test is passed or a specified “ESOL” language qualification is held.
The bar for settlement and naturalisation will therefore be raised as a result of the proposed changes.
The New Requirements
- The Home Office have said that they will not limit the English language tests which are acceptable in these applications to their existing list of approved language tests (“Appendix O” of the Immigration Rules).Whilst one of the listed tests at “Level B1” of Appendix O will be acceptable (in addition to the “Knowledge of Life in the UK Test” being held) they will also accept alternative qualificationse.g “ESOL” at levels 3,2 or 1, provided that these include speaking and listening.
However, it is important to note that the qualification must be listed as an ESOL qualification on the Ofqual register:http://register.ofqual.gov.uk/
If these conditions are not met, the requirements will not be satisfied, and the application for settlement or naturalisation would be refused with the loss of the application fee and in the case of settlement, other possible implications for immigration status.
Exemptions from the Test
- Fortunately, some groups will be exempt from the English Language requirement, but they will still have to pass the “Knowledge of Life in the UK Test”.These are nationals of “majority English speaking countries” as defined in Annex A of the new Guidance, and others who have obtained a recognized degree which was taught in English.
- As previously, children under the age of 18, those 65 years or older, and some applicants with certain types of health conditions will be exempt from the “Knowledge of Life in the UK Test” when applying for settlement.This exemption will continue to apply to applicants under the domestic violence and bereaved partner provisions.
What happens if you cannot meet the new requirements?
- The best advice is to make your application for settlement or naturalisation before 28.10.2013, if you qualify to do so.If you cannot qualify to make the application before that date, and will have difficulty satisfying the new Rules, you might be able to continue to apply for extensions of “limited leave to remain” until you are in a position to qualify.This will apply to family members (e.g partners, children or parents) applying under “Appendix FM”, people who are here under the “long residence rule”, or those with leave under the “private life” provisions of paragraph 276 ADE.
- Other applicants who can benefit from extensions of leave until settlement can be successfully applied for are dependants of some Points Based System migrants or work permit holders.
- A further intended relaxation of the Rules has been announced for those in the UK for fifteen years or more who hold leave as a partner/child or parent, a dependant of HM Forces personnel, or dependant of a PBS migrant or work—permit holder.
These applicants will be able to apply for settlement on the basis of a lower level English language qualification (Level A2) and will not have to pass the Knowledge of Life in the UK Test.(NB – evidence would also have to be provided that it is “unreasonable”for such applicants to achieve the B1 English Level qualification).
Applicants granted settlement before 28.10.2013 who apply for naturalisation after that date:
- If the applicant obtained settlement before 28.10.2012 they will have either passed the “Knowledge of Life in the UK Test” or held an ESOL qualification at the time they achieved settlement.Under the proposed new Rules, they cannot rely on holding only one of these qualifications when they apply for naturalisation, as both will be required.
- Such applicants for naturalisation will need to pass the Knowledge of Life in the UK Test prior to applying for naturalisation if they did not already have it when they obtained settlement.
- If they had passed the Knowledge of Life in the UK Test but not the English language component at the time of settlement, they will have to satisfy the English language requirement at the required level (unless they are otherwise exempt) when they apply to naturalise.
Our team are happy to help you with issues related to this or any other immigration matter.Please contact Miranda Leate on mleate@jdspicer.co.uk, or Kam Dhanjal on 0207-625-5590 and we shall be pleased to assist you.
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