Spousal Visa Applicants Must Learn English

BeccaJaneStClair · **Posted:** 11 Jun 2010, 16:31

From: http://www.ukba.homeoffice.gov.uk/sitec ... equirement

Quote:

Compulsory English language tests will be introduced for non-European migrants applying to come to the UK to join or marry their settled partner, the UK government announced today.

From autumn 2010, they will need to demonstrate a basic command of English which allows them to cope with everyday life before they are granted a visa.

The new rules will apply to anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or prospective civil partner of a UK citizen or a person settled in this country. They will be compulsory for people applying from within the UK as well as visa applicants from overseas.

Under the current rules, people applying for visas as partners must already meet a range of criteria before being allowed to enter the UK. All applicants must show that their marriage or partnership is genuine, and that they can support themselves financially.

Whether they have married in the UK or overseas (or not at all), 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 us for permission to settle in the UK (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 is in addition to the new basic English language requirement, which forms part of their initial application.

No idea if this will apply to people currently in the UK on the 2-year spousal visa who have not yet applied for ILR, but for most of us this really doesn't matter as we shouldn't have a problem passing an English test. At least, I would hope.

Scissa Sista · **Posted:** 11 Jun 2010, 22:06

BeccaJaneStClair wrote:

No idea if this will apply to people currently in the UK on the 2-year spousal visa who have not yet applied for ILR, but for most of us this really doesn't matter as we shouldn't have a problem passing an English test. At least, I would hope.

It depends on what kind of test it is. If it is british spelling then I would have a problem with passing that as I spell most everything the american way unless spellcheck fixes it to the UK spelling for me.

historyenne · **Posted:** 11 Jun 2010, 23:55

This won't affect anyone who is currently here.

One big problem (among many, many problems) is the question of what sort of test this will be. New Zealand requires anyone who wants to settle there to take the IELTS (International English Language Testing System, I think), which is an extremely difficult exam that even native speakers would struggle to succeed in. If the UK decides to do the same, lots of Americans are going to be in for a nasty shock. But really, this whole thing is a bad idea, whatever test they decide to use.

BeccaJaneStClair · **Posted:** 12 Jun 2010, 13:03

It seems so stupid to have this additional requirement since the Life in the UK test is in English (AFAIK it's not available in another language), so you'd have to learn English within your first two years, which seems a lot more reasonable than being forced to learn English before you move if you're from a non-English speaking country....not to mention it's a little stupid to make people from English speaking countries take an English test, as IMHO, that would be a waste of time/money/resources!

Navie · **Posted:** 12 Jun 2010, 15:29

It's possible to know just enough to pass, or to memorize questions and answers ( hey it's how I got thru three years of French in highschool!) I think it is a good requirement, because it forces people to integrate a bit better and doesn't place a burden on others to
try to accomodate for someone who
doesn't speak the native language.

AyouBob · **Posted:** 12 Jun 2010, 22:25

BeccaJaneStClair wrote:

It seems so stupid to have this additional requirement since the Life in the UK test is in English (AFAIK it's not available in another language), so you'd have to learn English within your first two years, which seems a lot more reasonable than being forced to learn English before you move if you're from a non-English speaking country....not to mention it's a little stupid to make people from English speaking countries take an English test, as IMHO, that would be a waste of time/money/resources!

You can take it in Gaelic. Yep it makes you wonder if there is someone out there that can speak fluent Gaelic, no English and are seeking UK citizenship. Baffling.

equestrianerd · **Posted:** 12 Jun 2010, 22:34

I bought CDs to learn Gaelic, but never got very far. Then again, I do speak fluent English, so I still wouldn't be in that demographic.

historyenne · **Posted:** 12 Jun 2010, 22:52

You can take it in Welsh too.

BeccaJaneStClair · **Posted:** 15 Jun 2010, 13:54

I have good news and bad news.

The bad news is, this test still applies if you are applying for further leave.

The good news? It doesn't apply to you if you are from a country that speaks English.

From: http://www.ukba.homeoffice.gov.uk/sitec ... e-partners

Quote:

From autumn 2010, any migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English.

You will need to meet the requirement if:

* you are a national of a country outside the European Economic Area and Switzerland; and
* you are in a relationship with a British citizen or a person settled here; and
* you want to apply to enter or remain in the UK as that person's husband, wife, civil partner, fiance(e), proposed civil partner, unmarried partner or same-sex partner.

The new requirement was announced on 9 June 2010 in a news story on this website.

When will the requirement be introduced?

We will introduce the requirement by way of changes to the Immigration Rules in autumn 2010. A firm date will be confirmed on this website in due course.
What will you need to do?

If you are not a national of a majority English-speaking country (see below), you will need to pass an acceptable English language test with one of the UK Border Agency's approved test providers.

In the test, you will need to demonstrate a basic command of English (speaking and listening) at level A1 of the Common European Framework of Reference. This is a basic level, which is judged to require 40 to 50 hours' tuition for most learners. Someone assessed at level A1 can understand and use simple, everyday expressions and very basic phrases.

You will not need to demonstrate your reading and writing skills.

When you make your application to us, you will need to provide evidence that you have passed the test.

We will publish details of acceptable tests and approved test providers on this website in due course.

You will need to pay for your own English language test. The cost of a test will vary according to your test provider and country.

What is a majority English-speaking country?

If you are a national of a majority English-speaking country, you will meet the English language requirement automatically. You will not need to take a test.

We consider that the following countries are 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

historyenne · **Posted:** 15 Jun 2010, 19:12

Hmmmm. A1 is really, really basic, probably what you'd end up with after a semester or so of high school or university instruction. Here's the Common European Framework definition of A1.

Quote:

Can understand and use familiar everyday expressions and very basic phrases aimed at the satisfaction of needs of a concrete type. Can introduce him/herself and others and can ask and answer questions about personal details such as where he/she lives, people he/she knows and things he/she has. Can interact in a simple way provided the other person talks slowly and clearly and is prepared to help.

So pretty much "My name is X, I'm from Y, I have two brothers and a sister, my dad is a doctor, I'm a nurse, I love my British spouse very much et cetera et cetera." Sounds like this is mostly just a red herring to make people think tough measures are being taken against immigration, when really the requirement isn't significant enough to make much of a difference. A1 is too low a level to appease people who are angry about d*mn foreigners who can't speak English. It'll just be another stupid bureaucratic hoop to jump through. I wonder how they will treat people who already have qualifications in English. For example, if you've got a masters in American Studies or British Literature or something, then there's no doubt you meet the requirement, but do you still have to take a test?

On the other hand, my selfish instinct is to say that it's too bad that the test has to be taken before the application is made; that means it will have to be in the applicant's home country. If they could be tested in the UK, that would be a new market for struggling language schools, especially since we've just suffered a blow when they placed a minimum English requirement of B2 on Tier 4 holders.

BeccaJaneStClair · **Posted:** 15 Jun 2010, 19:19

So then what's the point? I can say all that in French, but I by no means consider myself able to speak French!

historyenne · **Posted:** 15 Jun 2010, 19:50

BeccaJaneStClair wrote:

So then what's the point? I can say all that in French, but I by no means consider myself able to speak French!

Exactly. There's no point except to make things even more difficult for applicants, add extra hassle and expense, and have plausible deniability when people complain about immigration. "Look! We introduced a language requirement! See! We are working tirelessly to keep the nasty immigrants out! Really!"

BeccaJaneStClair · **Posted:** 16 Jun 2010, 09:37

And it's also a way to single out people from the "less desirable" countries, if you think about it. Nine times out of ten, you always hear that the UK wants Americans, Canadians, Australians, etc. but of course they can't change immigration rules to exclude us....but they just did.

Navie · **Posted:** 16 Jun 2010, 12:15

BeccaJaneStClair wrote:

And it's also a way to single out people from the "less desirable" countries, if you think about it. Nine times out of ten, you always hear that the UK wants Americans, Canadians, Australians, etc. but of course they can't change immigration rules to exclude us....but they just did.

Which is to say.... the darker skinned immigrants.

BeccaJaneStClair · **Posted:** 16 Jun 2010, 13:24

I personally don't see a problem with as you called them "darker skinned immigrants", which is why I put less desirable in quotes, but sadly, we all know the sentiment is out there.

BeccaJaneStClair · **Posted:** 26 Jul 2010, 23:42

This new rule will go into effect 29 November 2010.

It will not affect those of us from English-speaking countries.

Link: http://www.ukba.homeoffice.gov.uk/sitec ... t-partners

Karrit · **Joined:** 30 Jan 2010, 21:12 **Posts:** 30

I can understand wanting immigrants to speak English in the UK. And really, I think it benefits the immigrant more than anyone else. But, while it seems more reasonable to let them come into the country and learn the language (good for local economy, better control of testing, etc.), what happens if they fail to meet the language requirements? Do you send them back? That would lead to instant cries of "violation of human rights!" And I would have to agree...especially in the case of a spouse. So, would you then give them more time? Levy a fine?

At least the rudimentary knowledge gives them a start. Maybe a "tax" when they enter that is refunded at the time of ILR if they pass a test that proves that they meet a higher standard of English proficiency. That would be a motivator, without sending people back from whence they came.

It is a sticky wicket, as they say!

BeccaJaneStClair · **Posted:** 30 Jul 2010, 12:47

AFAIK, this is a "before you move" kind of thing unless you are changing your status from within the UK and the test results would have to be sent with your initial application.

BritanniAmerica

Spousal Visa Applicants Must Learn English

Who is online