English language for spouses of UK citizens: to B or not to B? That is the question! Or rather A1 or B1 level? Where can I find this on the Rules?

By 1st 4Immigration - #1 UK Immigration Experts -
This is one of our very popular posts, where we explain how to use the Immigration Rules and where to find something you may be having doubts about or hearing different answers from different people.

So, spouses of UK citizens only need the basic A1 level when applying for an initial visa or for an extension (but  not for ILR). There is a common myth that it is a B1 level but it is wrong.

Here it is in the Rules: we go to Appendix FM https://www.gov.uk/government/publications/immigration-rules-appendix-fm In Family Life as a Partner we have a section called Section EC-P: Entry clearance as a partner and then a sub-section called English language requirement:

“E-ECP.4.1. The applicant must provide specified evidence that they-
...
(b) have passed an English language test in speaking and listening at a minimum of level A1 of the Common European Framework of Reference for Languages with a provider approved by the Secretary of State;”

The same can be found in the section for a Leave to Remain, which deals with the applications inside the UK, both extensions and switching from a different category.

Simple, isn’t it, when you know where to look?

A higher level, B1, will be needed when applying for permanent residency after 5 years. The main reason why there is a confusion between the levels is the 2 confusing interpretation of a word ‘settlement’. We have a very good post here, which would help you to understand the difference: http://1st4immigration-visas.blogspot.co.uk/2013/09/english-for-spousepartnerfiancee-visa.html

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com

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