English language for spouses of UK citizens for Indefinite Leave to Remain (ILR, permanent residency). Which is the right level needed in an English exam, A1 or B1? How do I find it in the Rules?

By 1st 4Immigration - #1 UK Immigration Experts -
Here 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. This time it’s the turn of ILR!

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. Yet at the ILR stage a spouse of a UK citizen needs a higher,  B1, level.

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 R-ILRP: Requirements for indefinite leave to remain (settlement) as a partner and then a sub-section called Section E-ILRP: Eligibility for indefinite leave to remain as a partner:

“E-ILRP.1.6. The applicant must have demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom in accordance with the requirements of Appendix KoLL of these Rules.”

So, in this case we now have to go to Appendix KoLL (Knowledge of Language and Life):

“2.1 An applicant for leave to enter or remain has sufficient knowledge of the English language and about life in the United Kingdom for the purpose of an application for indefinite leave to enter or remain made under these Rules if the requirements set out in paragraphs 2.2 and 2.3 are met...”

2.2 For the purposes of paragraph 2.1, an applicant demonstrates sufficient knowledge of the English language if:

(a) the applicant has provided specified documentary evidence that:

...

(ii) the applicant has passed an English language test in speaking and listening at a minimum level B1  ... with a provider approved by the Secretary of State as specified in Appendix O to these Rules and taken at a test centre approved by the Secretary of State as a Secure English Language Test Centre,;”

The above confirms a B1 level is needed in speaking and listening, although you now also need to check Appendix O to be sure your test is compliant with the Rules.  There are further rules on whether you can use a test certificate from your previous application(s).  

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

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