How to pass the English language test requirement for UK spouse or partner visas
To qualify for a UK spouse or partner visa, it is essential to meet the English language requirement. Although there are some exceptions to this rule, the fact remains that the majority of applicants must demonstrate that they speak English to a sufficient level in order to be granted a visa in this settlement category – whether they are applying for entry clearance, visa extension, or Indefinite Leave to Remain.
In this article, we explore what the Immigration Rules say about speaking English, whether you will need to take a test, and if the current coronavirus pandemic could have any effect on this requirement.
What is the English language requirement?
The English language requirement for UK visa applications is one of the criteria for making a successful application for a spouse or partner visa. As outlined in E-ECP.4.1 of Appendix FM to the Immigration Rules, the English Language requirement can be met in a number of ways, including:
- where the applicant is a national of a recognised majority English speaking country;
- where they hold a degree taught in English; or
- where they have passed an approved English language test.
Why do I need to pass the English language requirement?
Introduced by the then Home Secretary Theresa May on 29 November 2010, the requirement to demonstrate a satisfactory understanding of the English language was designed to encourage migrants to integrate into British society.
This rule is contained within Appendix FM of the Immigration Rules, with the official reasoning for the requirement set out at section 19, 117B Article 8 of the Immigration Act 2014 – namely that migrants who can speak English are:
- less of a burden on taxpayers; and
- are better able to integrate into society.
Whilst the intentions of the English language requirement are easy enough to understand, the rules themselves are slightly more complicated.
Which countries are recognised as majority English speaking?
Spouse and partner visa applicants who are nationals of recognised majority English speaking countries are not required to provide any evidence of their knowledge of the English language and their passport will usually be accepted as proof of this.
As set out at Gen.1.6 of Appendix FM to the Immigration Rules, the following countries are recognised by the Home Office as majority English speaking:
- 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
- USA
Which degrees count towards the English language visa requirement?
As set out in Appendix FM to the Immigration Rules, it is also possible to meet the English language visa requirement if you have obtained an academic qualification that is either a Bachelor’s degree, Master’s Degree or a PHD awarded by a UK educational establishment (E-LTRP.4.1.A (iii)(C).
Even if you obtained your qualification outside of the UK, this will not necessarily prevent you using it as proof of your knowledge and understanding of the English language. In such cases, it is necessary for applicants to seek confirmation from Naric that their qualification is equivalent to the necessary CEFR A2 standard. This remains the case even if the relevant qualification was awarded in an English speaking country.
The list of countries recognised by the Home Office as issuing academic certificates for courses taught in English is not quite identical to the list of majority English speaking countries and consists of:
- Antigua and Barbuda
- Australia
- The Bahamas
- Barbados
- Belize
- Dominica
- Grenada
- Guyana
- Ireland
- Jamaica
- New Zealand
- St Kitts and Nevis
- St Lucia
- St Vincent and the Grenadines
- Trinidad and Tobago
- USA
Taking an English language test for a spouse or partner visa application
If you are not from a majority English speaking country and do not have a recognised degree taught in English, in most cases you will be required to take an English language test that demonstrates your knowledge and understanding. For spouse or partner visa applicants, the relevant test is known as an ‘English language test in speaking and listening’. For a test to be accepted, it must be taken with an approved Secure English Language Testing (SELT) provider at an approved test centre.
A list of approved English language tests and providers can be found at thegov.uk website . These are:
- Graded exams in spoken English (GESE) offered by Trinity College London
- IELTS Life Skills offered by the IELTS SELT Consortium
- Integrated Skills in English offered by Trinity College London
These providers and their test options are approved for UK visa application purposes, but applicants should be sure to select the option of sitting a test for UKVI purposes – as opposed to selecting a general test. Once you have successfully completed an approved English language test, you will be issued with a test pass certificate which will remain valid for two years.
How do you meet the English language requirement for a UK visa?
The level at which an applicant must speak and understand the English language varies at different points during the application process for a spouse or unmarried partner visa. A simple example of this is that those candidates who are submitting an initial application are held to a lower standard than those are who are applying for further leave, or Indefinite Leave to Remain.
An applicant’s knowledge of the English language is generally measured against the Common European Framework of Reference for Languages (CEFR). This sets out a number of different levels which correspond to proficiency in speaking and understanding the English language. To make these requirements clearer, we have set out the levels that correspond to each stage of the visa application process below:
Application Stage | CEFR Level Required | Language Knowledge Required |
Initial permission to enter the UK | CEFR A1
‘Beginner’ |
· Able to understand and use familiar everyday expressions and basic phrases.
· Can introduce themselves and others, and can ask basic questions about where they live and people they know.
· Can interact with other people in a simple way provided that the other person speaks slowly and clearly. |
Permission to remain in the UK | CEFR A2 ‘Elementary’ |
· Able to understand sentences and frequently used expresses relating to basic personal and family information, shopping, local geography and employment.
· Can communicate in simple and routine tasks, directly exchanging information about familiar and routine matters.
· Can describe their background, immediate environment and needs in simple terms. |
Indefinite Leave to Remain or ‘Settlement Status’ based on completing five years as a partner or spouse
Note: Applicants must also pass a ‘Life in the UK’ test |
CEFR B1 ‘Intermediate’ |
· Can understand the main points of discussions relating to familiar matters such as work, school and leisure.
· Can deal with most situations likely to arise whilst travelling.
· Can produce simple texts on topics that are familiar or of personal interest.
· Can describe events, experiences and hopes whilst giving brief reasons and explanations for opinions or plans. |
Exemptions from the UK visa English language requirement
If you aren’t a national of a recognised majority English speaking country or haven’t obtained a relevant academic qualification in English, it’s worth exploring whether you may be exempt from the English language requirement before you sit a test.
There are exemptions from the English language requirement, and these are set out at E-LTRP 4.2 of the Immigration Rules, which state that the applicant may be exempt if:
- they are 65 or over;
- are unable to meet the requirements due to a long term physical or mental condition;
- where there are exceptional circumstances which prevent them from being able to meet the English language requirement prior to their entry into the UK; or
- In certain cases you may be able to rely on a certificate from a previous English language test so long as certain requirements are met.
It is also worth noting that another provision of the Immigration Rules provides an exception where:
- the applicant has a “genuine and subsisting” parental relationship with a child who is under 18, living in the UK and is either British or has lived in the UK continuously for the previous 7 years; OR
- the applicant has a “genuine and subsisting” relationship with a partner who is in the UK and is a British citizen, settled in the UK or, or is in the UK with refugee leave or humanitarian protection, where there are obstacles to family life with that partner which cannot be overcome if the applicant is outside of the UK.
Is there an exemption for the Life in the UK test due to coronavirus?
If you are in the process of applying for indefinite leave to remain with a spouse or partner visa, you may find that your application has been frustrated by the coronavirus pandemic. Centres handling UK immigration applications are closed and candidates are unlikely to find any approved test centres that are open should they need to prove their knowledge of the English language.
At the present time, there has been no update to the list of valid exemptions to the English language requirement and there is no coronavirus exemption, so you are unlikely to see an application for Indefinite Leave to Remain be approved unless you are over 65, have a disability, are a national of a majority English speaking country or have a relevant domestic or recognised overseas qualification.
Whilst there has been no official guidance from the Home Office on this point, what is clear from pre-existing guidelines is that caseworkers do have the power to hold up an Indefinite Leave to Remain application until the candidate has passed the relevant tests. In such uncertain times, and where much of the countries administrative infrastructure is closed due to the pandemic, this leaves visa candidates without a clear position as to the status of their applications.
UPDATE: The Home Office have announced the following concession recently:
Changes to the English language requirement
If you’re asked to take an English language test as part of your application, you can apply for an exemption if the test centre was closed or you couldn’t travel to it due to coronavirus when you applied.
What to do if you can’t meet the English language requirement due to coronavirus?
If you do not meet the exemption criteria outlined in this article and are applying for Indefinite Leave to Remain or an extension to your existing visa, you are unlikely to be able to arrange an English language test during the Covid-19 lockdown. This could mean that your application cannot be accepted and has the potential to leave many applicants in a state of uncertainty. Regardless of the current situation, all visa holders (whether existing or prospective) should be aware of the importance of making an extension or settlement application before the expiry of their existing visa. Failure to do so would result in you becoming an ‘overstayer’, and suffering from the effects of the hostile environment with an increased chance of being removed from the UK.
One option available to visa applicants who need more time to demonstrate their knowledge of the English language is to apply for an extension. The process of applying for an extension will depend on your visa category and status, but more information can be found at the government site via the following link.
Despite a lack of guidance from the Home Office, we at WH Solicitors feel that visa applicants should not have to apply for an extension given that the current situation is entirely outside of their control. An alternative option may be to submit a visa application as normal, with strong and clear legal representations that due to the pandemic your application should remain on hold until the test centres have opened once more. We have extensive experience in dealing with visa applications in all classes including for spouse and partner visas, and have a track record of making new arguments that support of our clients’ cases in developing areas of immigration law.
There is no doubt that the coronavirus pandemic is a source of worry and confusion, but it does not need to prevent you from securing your visa status. If you, your partner, or spouse are in the process of making a visa application or will need to do so during the coronavirus pandemic, expert advice could give you the piece of mind you need.
Contact our experienced team today on (+44) 01483 608 786 or by emailing contact@whsolicitors.co.uk. We will always listen to your side of the story, and do our very best to solve the issues that you face and find solutions to your immigration problems.