Following the UK Border Agency’s announcement on 9 June 2010, as of 29 November 2010, any migrant wishing to enter or extend their stay in the United Kingdom as a partner of a British citizen or a person settled in the UK must demonstrate the ability to speak and understand the English language.

 

 This applies to you if you:

        -are a national of a country outside the European Economic Area (known as EEA) and Switzerland and

       -you are in a relationship with a British citizen or a person settled in the UK; and

       -you wish to enter or remain in the UK as your partner’s husband, wife, civil partner, fiancé (e), proposed civil partner, unmarried partner or same-sex partner.

 

        This requirement will be introduced on 29 November 2010 and the Immigration Rules will be amended to reflect this change.

 

        This new requirement means that applicants who are not nationals of a majority English-speaking country or do not have a degree taught in English, must undertake and pass an acceptable English language test with one of the UK Border Agency’s approved test providers. The list, along with more details of the test, can be found here.

 

        The test will require candidates to demonstrate a basic command of the English language, both in speaking and listening, at level A1 of the Common European Framework of Reference. This basic level has been evaluated to require 40 to 50 hours’ tuition for the majority of learners. Candidates at level A1 are required to be able to understand and make use of simple, everyday language and basic phrases. The requirement does not test a migrant’s ability to read or write in English.

 

 

      Migrants must provide evidence of passing the test when making applications to the UK Border Agency.Furthermore, migrants must make a self payment for the language test; the cost of this will vary depending on the test provider and the country you are in.

 

        A video has been published which helps those applicants already in the UK in how to meet the requirement. If you are overseas you will need to undertake this new test prior to applying for entry to the UK.

 

 

        As a set minimum standard, migrants must level A1 of the Common European Framework of Reference in listening and speaking.

 

        However, the list of approved tests and providers does include some tests which are above the A1 level. The reason for this being that the UK Border Agency will accept tests in speaking and listening, or speaking and listening with additional skills such as reading or writing, which has been taken at a higher level (providing it has been taken with an approved test provider). The aim of this is to provide everyone with a wider choice and it offers those wishing to take a higher level test for work or study purposes to do so.

 

Notably, nationals of a majority English-speaking country will meet the language requirement automatically and will not need to undertake a test.

The UK Border Agency considers the below countries as majority English-speaking countries:

·         Antigua and Barbuda

·         Australia

·         the Bahamas

·         Barbados

·         Belize

·         Canada

·         Dominica

·         Grenada

·         Guyana

·         Jamaica

·         New Zealand

·         St Kitts and Nevis

·         St Lucia

·         St Vincent and the Grenadines

·         Trinidad and Tobago

·         the United States of America

 

        If a migrant has an academic qualification that has been considered by the UK NARIC and recognised to meet the standard of a Bachelor's degree, this will be accepted as evidence that the migrant is able to speak and understand English to level A1 of the Common European Framework of Reference. And thus the migrant will not be required to sit the test.

 

        Because the UK NARIC are only able to asses if Bachelor’s degrees were taught in English, the UK Border Agency will not be accepting Master’s or PhD’s as evidence of being able to speak English at A1 level. This differs from the points-based system which accepts Master’s degrees and PhD’s as evidence of English language skills. The UK Border Agency does however aim to amend the Immigration Rules in due course in order to align the language requirements of the points-based system with that of the requirement for partners.

 

       Although the new language requirements apply to all migrants as described above, there are exemptions that apply. And thus if a migrant is able to provide satisfactory evidence of the following, they will not be required to meet the language requirements.

If:

-          -The migrant is aged 65 or above at the time of their application; or

-          -The migrant has a physical or mental condition that would prevent them from meeting the requirement; or

-         - The migrant has exceptional compassionate circumstances that prevent them from meeting the requirement.

 

17 November 2010

 

Lorin Sulaiman, Ergen & Sharif