English for a spouse/partner/fiancée visa: A1 or B1 level from 28 Oct 2013? Stop the confusion!
This seems to be the most confusing subject at the moment –
which level of English language is needed from 28 Oct 2013 for those
applying for a Spouse/Partner/Fiancee visa? The short answer is “Still the same
– A1 level in Listening and Speaking”. Yet why is there such confusion?
- Those who managed to get an ILR under the current Rules but will be applying for Citizenship under the New rules.
- Those who think they qualify automatically because of their nationality, yet they don't. Example is South African nationals who all speak English as native while South Africa is not on the list of majority English-speaking countries.
First of all, this article only relates to spouses/partners
of British citizens and spouses/partners of permanent residents (or ILR
holders). This article is not applicable to partners of Points-Based System
Migrants and to partners of EU (non-UK) nationals.
I had already written in this blog, back in December 2012, about
2 meanings of a term ‘Settlement’ when it comes to the UK visas, so this is
what has created the current confusion. The Rules on English are changing
indeed from 28 October 2013, however, the new Rules will apply to those
applying for ‘Settlement and Citizenship’. The term ‘Settlement’ here
represents ‘Permanent Residency’ in the UK, known as an Indefinite Leave to
Remain (ILR). So, those spouses and partners who are applying for Permanent Residency
from 28 Oct 2013 will need to demonstrate English at a B1 level (not A1) as
well as pass a Life in the UK Test. Until then, only a Life in the UK Test is
sufficient, or just an ESOL with Citizenship course, which is taught at an A2
level of English (this is why we are so busy with SET(M) applications now!).
There is another meaning of a term ‘settlement’: when
spouses, partners and fiancées are applying from outside the UK, such
applications are also called ‘Settlement’. It does not mean these are
applications for Permanent Residency but means that the applicant (a foreign
partner) is planning to come to the UK with the view of settling here, ie ‘for
settlement’. There is no such term when
switching from a Spouse/Partner visa inside the UK, for example, from a Tier 4
to a Spouse visa. Yes this 2nd meaning of a ‘Settlement’ term is
used for applications outside the UK.
Here confusion is made worse by the fact that many couples look
for a lawyer in the country of application – and finding one who is only
familiar with the applications from outside the UK (ie with only one type of a ‘Settlement’
application). In addition, such lawyers won’t be regulated by the OISC, a UK
regulator. A particular individual may happen to be accredited by the OISC from
the previous work in the UK, or being a ‘branch’ of a British company, but
his/her activity outside the UK won’t be regulated. This is because the OISC
regulates only the UK-based businesses providing immigration advice, so a
lawyer in, say, the Philippines, won’t be regulated. Or rather will probably be
regulated under the local rules, to advise on the Filipino law in our example,
ie on the visas to live in the Philippines, which is completely the opposite to
the purpose of getting a visa to live in the UK.
It’s worth remembering that the Rules are exactly the same
for all non-EU nationals who are spouses/partners or fiancées of British citizens
(except some have to do a Tuberculosis Test). So, all the Rules are coming from
the UK government and they are all the same whether your partner is from the
USA or the Philippines, from Australia or Pakistan. No ‘special relationship’
for American applicants and no hostility for, say, Russian applicants. Our
company advises on such applications regardless of where the applicant is
based. As the Rules are the same, we prepare the application, check all the
documents (in case of documents being outside the UK we check the scanned
copies), write a cover letter and generally, guide throughout the process. At
the end the applicant is submitting, ie handing over, the documents in the
Philippines, Russia, Colombia, the USA,
Australia, South Africa, Nigeria etc. It is not difficult to hand over a
few papers (even many papers), the challenge is to submit the right documents
and this is where we help.
So, spouses, partners and fiancées who are applying for a
visa to come to the UK, or switching inside the UK, will still need only A1
level of English. However, when later applying for Permanent Residency, they
will be expected to improve their English to a B1 level. Sounds quite
reasonable from the point of view of the government (and good for the test providers’
profit).
Examples of those who
are affected:
-
Those who had to take an English language test
in the past and only scored A1 or A2 level.- Those who managed to get an ILR under the current Rules but will be applying for Citizenship under the New rules.
- Those who think they qualify automatically because of their nationality, yet they don't. Example is South African nationals who all speak English as native while South Africa is not on the list of majority English-speaking countries.
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
