I am applying for ILR based on a PBS route (Tier 1 or Tier 2). How do I find in the Rules whether I need to meet English language requirement (and take a test, again)?

By 1st 4Immigration - #1 UK Immigration Experts -
It may be tempting to look at the Appendix B of the Immigration Rules, it is called English language after all. However, Appendix B is for the initial applications and extensions under the Points-Based System and it is no good for ILR applicants.

The right place is Appendix KOLL, Knowledge of Language and Life, which applies only to ILR applicants, in all categories including in the PBS routes: https://www.gov.uk/government/publications/immigration-rules-appendix-koll

It is easy to see how you can meet the English requirement, such as by passing an acceptable test or using a degree taught in English. The real question is whether you have to meet this requirement again, if you already met it before, which applies to almost al Tier 1 migrants and to many Tier 2 migrants, particularly in the Tier 2 (General) sub-category. In other words, the question is “Do I have to pass English test again?”

The answer is in the Appendix KOLL:

“2.2 For the purposes of paragraph 2.1, an applicant demonstrates sufficient knowledge of the English language if:
....
(b) the applicant-

(i) has limited leave to enter or remain in the UK, and

(ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken – such as Tier 1 General and then an extension) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.

(iii) at the date of application, the provider of that qualification continues to be approved by the Secretary of State as specified in Appendix O to these Rules.”

If you meet the above requirements then you don’t have to take a test again! although there are also some transitional arrangements for those who had the tests which are no longer accredited. 

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 CPD website: www.1st4immigration.com/training

 

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