New English language rule is coming on 28 October 2013. If you’re eligible for ILR or British Citizenship - apply now!

By 1st 4Immigration - #1 UK Immigration Experts -
The new rule on English language is not bringing anything ‘horrible’ but does mean more to do for quite a few migrants, both EU and non-EU nationals. Probably even more for Europeans than for non-Europeans because European nationals don’t need to evidence English language ability up until the Citizenship stage. Unlike non-EU migrants, many of whose need to meet English language requirement if they want to work, study or join a partner.

The change: from 28 October 2013 those applying for settlement (Indefinite Leave to Remain, Permanent  Residency) or for British Citizenship need to pass a Life in the UK Test and also demonstrate English language ability in Speaking and Listening at a B1 level. For many it will mean having to take 2 tests: Life in the UK and English.
Those applying (if eligible on residency rules, criminality etc) before 28 October 2013 can only pass a Life in the UK Test, at the moment it is sufficient on its own.
Once this requirement has been met, it is expected that it won’t have to be met again when applying for Citizenship.

The change is unlikely to affect those who had to meet the English language requirement at a level B1 before, such as those on Tier 1 General or Tier 2 General/ICT visas, so they would need to pass a Life in the UK Test only, same as now.
However, here are the examples of migrants who will be affected:

-        European nationals and their family members who wish to apply for British Citizenship. Until this point they did not have to show English language ability at all. Plus, unlike non-EU migrants, they also did not have to pass a Life in the UK Test for a permanent residency application (indeed, they even did not have to apply for permanent residency, qualifying for it automatically).

-        Dependant spouses/partners of PBS migrants, such as a spouse of an Indian Tier 2 visa holder, when applying for an ILR. A Tier 2 visa holder had to meet the English requirement when getting a Tier 2 visa while his/her partner did not have to do so.  Now both have to meet this requirement for an ILR meaning a Dependant will be affected.  

-        Spouses and partners of British citizens when applying for an ILR. They only needed A1 level for their Spouse/Partner/Fiancee visas, so this time (for an ILR application) they’d need to achieve a B1 level and pass a Life in the UK Test at the same time.  

-        Commonwealth citizens on Ancestral visas, when applying for an ILR. There was no English language requirement for an Ancestral visa, so now a migrant may have to meet this new English language requirement, depending on nationality. Australians and Canadians, for example, will meet it automatically. However, South Africans will be affected by the new Rules because South Africa is not regarded as a majority English-speaking country.  

-       The 3 categories of non-EU migrants above who already have an ILR and are thinking of applying for British Citizenship.

Our advice is this (assuming you don’t want to do an extra English test): if you qualify for Citizenship before 28 October 2013 then apply before that. If your nest stage is an ILR – and you qualify to apply before 28 October 2013 - then may be worth applying now, avoiding the new requirement for now, but remembering that it will be there when you apply for Citizenship in the future.

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com 
If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CDP website: www.1st4immigration.com/training   

  

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