Immigration Corner | When applicants do not need to prove knowledge of English

Dear Mr Bassie,

I would like to know if there are some circumstances under which a person may not need to prove their knowledge of English in order to obtain citizenship before settling.

Any assistance would be appreciated.

GT

Dear GT,

Persons might need to prove their knowledge of the English language if they are 18 years old or over and applying for citizenship or to settle in the UK, which is known as ‘indefinite leave to remain’.

Persons can prove it by having either an English qualification at B1, B2, C1 or C2 level or a degree taught or researched in English. Please note that citizenship or settlement applications will be refused if the wrong qualifications are sent in.

PERSONS WHO DO NOT NEED TO PROVE THEIR KNOWLEDGE OF ENGLISH

Persons do not need to prove their knowledge of English if they are age 65 years or over. This also applies to persons who are unable because of a long-term physical or mental condition. Those persons must provide a completed exemption form from a doctor confirming their physical or mental condition.

EXEMPT NATIONALITIES

Persons will not need to prove their knowledge of English if they are a citizen of:

Antigua and Barbuda; Australia; The Bahamas; Barbados; Belize; the British overseas territories; Canada; Dominica; Grenada; Guyana; Jamaica; Ireland (for citizenship only); Malta; New Zealand; St Kitts and Nevis; St Lucia; St Vincent and the Grenadines; Trinidad and Tobago; and the USA.

Persons who are from a country that is not on the list will need to prove their knowledge of English, even if English is an official language.

WHEN APPLYING FOR CITIZENSHIP

There are no other exemptions if persons are applying to become a British citizen. They must have a relevant English language qualification, even if they were exempt when they were granted settlement.

EXEMPTIONS WHEN APPLYING TO SETTLE

Persons do not need to prove their knowledge of English if they are applying to settle using certain work visas – because they would have proved their knowledge of English when they applied for their current visa in certain other situations.

WHEN APPLYING TO SETTLE ON A WORK VISA

Persons do not need to prove their knowledge of English if they are applying to settle using a:

• Skilled Worker, T2 or tier 2 visa

• Representative of an overseas business visa

• Minister of religion visa (T2)

• International Sportsperson visa

• UK Ancestry visa

• Global Talent visa

• Innovator visa

• International Agreement visa (temporary work)

• Domestic Worker in a Private Household visa

• Scale-up Worker visa

Please be aware that there are other exemptions if applying to settle.

Persons do not need to prove their knowledge of English if they are applying as any of the following:

• An adult or child on the basis of their private life

• A victim of domestic violence as the partner or spouse of a British citizen or someone settled in the UK

• The partner or spouse of a person who has died who was either a British citizen or someone settled in the UK

• An adult dependent relative between 18 and 64 years old of someone who is present and settled in the UK, is a refugee or has humanitarian protection

• A refugee living in the UK

• Someone living in the UK with discretionary leave

• Someone living in the UK with humanitarian protection

• Someone who has permission to stay in the UK as a retired person of independent means

• A Commonwealth citizen on discharge from HM Forces, including Gurkhas

• Someone in exceptional circumstances, for example, as an orphan, widow or over-age dependent.

Just for completeness, please note that persons who are already in the UK may be able to extend their permission to stay, so that they can prove their knowledge of English.

All the best.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, the global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com