English for a spouse/partner/fiancée visa: A1 or B1 level from 28 Oct 2013? Stop the confusion!

By 1st 4Immigration - #1 UK Immigration Experts -
This seems to be the most confusing subject at the moment – which level of English language is needed from 28 October 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?

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.
The reason is 2 meanings of a term ‘Settlement’ when it comes to the UK visas. The Rules on English were changed indeed from 28 October 2013, however, the new Rules only 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. 

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. Yet this 2nd meaning of a ‘Settlement’ term is used for applications outside the UK.

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. 

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

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