Corporate immigration specialist Magrath LLP has provided the following useful update on compulsory English-language tests for migrants.
The UK Border Agency (UKBA) has announced that plans to introduce compulsory English-language tests for all non-European migrants applying to come to the UK to join or marry their settled partner will be implemented on 29 November 2010.
From this date, any foreign national who wishes to enter or remain in the UK as the partner of a British Citizen or a settled person (i.e. a foreign national residing in the UK with indefinite leave to remain) will need to show that they can speak, and understand, English.
The level of English will be set at A1 level, the level required for skilled workers admitted under Tier 2 of the Points Based System. A partner coming to the UK from outside Europe will need to provide evidence, with their visa application, that they have passed an English-language test from an approved test provider.
Currently, under the Points Based System, the English-language requirement can be met in one of three ways:
- Being a national of an English-speaking country
- Having a degree that was taught in English
- Passing an English test from an approved test centre
The new rules will apply to anyone seeking to come to the UK as the husband, wife, civil partner, unmarried partner, same-sex partner, fiancé or prospective civil partner of a UK citizen or a person settled in the UK.
Whether they have married in the UK or overseas (or qualify under the unmarried partner provisions), the non-UK partner must apply for a two-year settlement visa to come and live in the UK as a husband, wife, civil partner, unmarried partner or same-sex partner. At the end of the two years, they can apply to UKBA for permission to settle (known as indefinite leave to remain). Partners who apply for settlement after completing their two-year period of temporary residence will still need to meet the Knowledge of Language and Life in The UK test. This will be in addition to the new basic English-language requirement, which will form part of their initial application.
