Immigration Corner | How to prove knowledge of English for citizenship, settling purposes

Dear Mr Bassie,

I am thinking of settling in the United Kingdom (UK). Could you please explain to me how one must prove knowledge of the English language? I understand that it is a requirement.

– L.L.

Dear L.L.,

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; this 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. It is not necessary to prove knowledge of English in certain circumstances. Please note that a person’s citizenship or settlement application will be refused if the wrong qualifications are sent.

Persons who are already in the United Kingdom may be able to extend their permission to stay, so that they can prove their knowledge of English.

Persons do not need to prove knowledge of English if they are age 65 years old or over, or are unable to because of a long-term physical or mental condition. In these circumstances, applicants must provide a completed exemption form from a doctor confirming the physical or mental condition.

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

Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, Ireland (for citizenship only), 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. Please note that there are no other exemptions when applying to become a British citizen. Persons must have a relevant English language qualification, even if they were exempt when they were granted settlement.

EXEMPTIONS IF APPLYING TO SETTLE

As distinct from applying for citizenship, with respect to applying to settle, persons do not need to prove their knowledge of English if they are applying as:

• 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 years old 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;

• A highly skilled migrant applying under the terms of the highly skilled migrant programme judicial review and their dependents;

• Someone in exceptional circumstances; for example, an orphan, widow, or overage dependent.

Persons can prove their knowledge of English by having a recognised English test qualification from an approved test centre. Those persons need to have a certificate to prove they have the qualification or be able to view the results online.

Please note that persons can only use English for ‘Speakers of Other Languages’ qualifications if they are on the approved course list. Persons cannot use other qualifications; for example, GCSEs, A levels or National Vocational Qualifications.

Some recognised test qualifications only last for two years. However, persons can still use a B1-level qualification that was taken more than two years ago in two situations.

APPLYING FOR CITIZENSHIP

Persons can use a B1-level qualification that has run out if they are applying for citizenship and it was accepted when they settled in the UK.

It does not matter if the B1-level test taken is not on the current list of recognised tests, they do not need to take another test.

APPLYING TO SETTLE IN THE UK

Persons can use a B1-level qualification that has run out if both of the following are true:

• It is on the current list of recognised tests;

• It was accepted for another UK immigration application; for example, when he/she got permission to enter.

Another way that a person can prove their knowledge of English is by having a degree that was taught or researched in English.

If the applicant’s degree is from a UK university, he/she will only need their degree certificate. If the degree is not from a UK university, he/she will need:

• A copy of your degree certificate;

• An Academic Qualification Level Statement from UK NARIC confirming the degree is equivalent to a UK qualification.

If the degree is from a non-majority English-speaking country, that person will also need an English Language Proficiency Statement from UK NARIC confirming the degree was taught in English.

Persons who have lost their certificate or who are waiting for graduation must have proof that they have passed the degree. This can be done by either an official transcript with the applicant’s name, the name of the institution, the degree and confirmation of the award or by an official letter from the university confirming it cannot reissue the certificate or when it will be issued. Please note that the letter must include name of applicant, the degree, and the date the degree was, or will be, awarded.

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 and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com