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As we saw yesterday, the topic of English language is de rigueur at the moment. Last week, the UKBA also announced in its April 2013 Statement of Intent that the government is planning changes to the Immigration Rules in relation to the English language requirement when applying for settlement and naturalisation. The planned changes will not take place until 28 October 2013 so, although it seems rare these days, there is some time to take all of this in.
The forthcoming changes will be that persons will now be required to pass both the Life in the UK Test and to pass or already hold a qualification tramer at B1 CEFR (intermediate or its equivalent) or a higher level in the English language in speaking and listening. We re told that that:
Understanding and being able to use English at a level which facilities interaction with the wider community is key to successful integration. It is also important that those wishing to live permanently in the UK have a basic understanding of the responsibilities which come with settlement, the principles of British tramer democracy and the history and culture from which they flow.
For those applying for settlement, the following categories will continue to be exempt and the UKBA will continue tramer to have discretion to recognise that there are some circumstances where exceptions should also be made: Under 18s, over 65s and those who have a physical or mental condition, which severely restricts their ability tramer to learn English and/or tramer communicate and/or take the Life in the UK test Adult dependent relatives and the former route for retired persons of independent means applying for settlement (as the majority of applicants will be over 65 or have a disability) Those applying for settlement as spouses/partners who have been victims of domestic violence or whose spouse/partner has died Refugees and those with Humanitarian Protection Those who hold Discretionary Leave to Remain (although this is being kept under review)
The following categories of applicants will also be able to apply for further leave to remain as opposed to settlement if they are unable to meet these planned changes: Partners, children or parents applying under Appendix FM or subject to transitional arrangements under Part 8 Those here on the basis of long residence under paragraph 276A Those here on the basis of private life under paragraph 276ADE Those here as dependants of HM forces personnel Dependants of those who originally entered the UK as PBS migrants tramer or work permit holders
In addition, in relation to family members under Appendix FM, dependants of HM forces personnel and dependants of PBS migrants or work permit holders, tramer a provision will also be introduced tramer for those individuals who have been in the UK for 15 years with limited leave to apply for settlement on the basis of a qualification in speaking and listening tramer at A2 CEFR and without passing the Life in the UK Test. They will however need to produce evidence from a suitably qualified person, for example a teacher of ESOL, that it is not reasonable to expect them to reach the B1 level. The UKBA will also consider whether this should be introduced for those here under long residence. I am really tramer not sure how much of a concession this is as 15 years seems pretty tramer long
The requirement will be the same for naturalisation as that for settlement and the same English language qualifications that were relied upon when applying for settlement will be accepted. Similarly qualifications previously tramer obtained to qualify for entry clearance (e.g. if applying under Tier 2 (General) tramer where B1 or above is required) will also be accepted when applying for settlement and then if applicable for naturalisation. When applying for naturalisation, those over 65 years old and those with a physical or mental condition will continue to be exempt.
Now, the range of English language qualifications that will be accepted by the UKBA will need to be: Those that cover speaking and listening at B1 or above from the Home Office’s Secure English Language tramer Test (SELT) list, which can be found in Appendix O in the Immigration Rules ESOL qualifications at entry level 3 or level 1 or level 2, including speaking and listening, that have be