Ukba - Statement Of Intent Outlines New Requirements For Settlement And Naturalisation

[thongnaipan]

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Statement of intent outlines new requirements for settlement and naturalisation

08 April 2013

Today (8 April 2013), the Home Office is publishing a statement of intent outlining planned changes to requirements for those applying to settle in the UK, or become naturalised as British citizens.

From 28 October 2013, applicants in both categories will be required to pass the Life in the UK Test and to hold a B1 (intermediate) level English language speaking and listening qualification. This change will strengthen the citizenship process, replacing the current system which requires applicants to sit either the life in the UK test or show language progression from one English for Speakers of Other Languages (ESOL) level to the next, but not both.

The knowledge of language and life requirement for settlement (Indefinite leave to remain)

From 28 October 2013, there will be two parts to the knowledge of language and life requirement, both of which must be met by all applicants for settlement unless the individual is exempt. Applicants will be required to:

• pass the Life in the UK test; and
• to have a speaking and listening qualification in English at B1 CEFR or higher, or its equivalent.

The knowledge of language and life requirement for naturalisation

The knowledge of language and life requirement for naturalisation as a British citizen will be the same as that for settlement, and the same English language qualifications will be accepted.

English language qualifications

A range of English language qualifications will be accepted as evidence that an applicant has met the B1 level speaking and listening requirements.

These include:

• Qualifications covering speaking and listening at B1 or above from theHome Office's Secure English Language Test (SELT) list.
• ESOL qualifications at entry levels 1, 2 or 3, including speaking and listening, that have been regulated by the Office of Qualifications and Examinations Regulation (Ofqual). The qualification must be listed as an ESOL qualification on the Ofqual Register of Regulated Qualifications and must have been taken in England, Wales or Northern Ireland.
• A National Qualification in ESOL at Scottish Qualifications Framework levels 4, 5 or 6, awarded by the Scottish Qualifications Authority and taken in Scotland.

For full details of the new requirements, please see the statement of intent.

[tullynagardy]

How does this affect people getting granted their 2 year settlement visas now? Could they do one before this date and be ok or have to do both?

[andyandythai]

How does this affect people getting granted their 2 year settlement visas now? Could they do one before this date and be ok or have to do both?

I have a similar question, my wife and stepson got ILR in November last year. In June it will be 3 years they have been here so my wife can apply for citizenship using the Life in UK she passed to get ILR. My son will need to wait 5 years so June 2015. He passed the ESOL requirements for his ILR, will this still be ok? Or will he need to do the Life in the UK test too?

Currently the website states

If you passed the Life in the UK test or completed an ESOL course to meet the 'knowledge of language and life' requirement when you applied for settlement, you will not need to show that you meet this requirement again. Simply tick the appropriate box in section 1.22 of the application form.

Do you think this will remain after the new changes?

Thanks

Andy

[7by7]

Anyone applying for ILR from 28 October will need to meet the new requirement. (Good to see they've finally set a date.)

As for naturalisation, I'm afraid that the 'old' style KOL will not be acceptable and applicants will have to meet the new requirement.

From the statement of intent:

A migrant who fulfils the Life in the UK requirement for settlement as it applies on or after 28 October 2013 will not be required to retake any elements in a later application for naturalisation but will be deemed automatically to satisfy KoLL at that later stage.

The situation is different for those who applied or apply for settlement* before 28 October 2013. They will have satisfied the KoLL requirement by either passing the Life in the UK test or by taking an ESOL qualification (probably at a level below B1) and this by itself will not be sufficient should they later apply for naturalisation. They will need to satisfy the new KoLL requirement but if they have already passed the Life in the UK test will not need to retake it. For some people this will mean passing a relevant speaking and listening qualification for the first time. Others will need to pass a speaking and listening qualification at a higher level than they had to demonstrate to be granted leave to enter or leave to remain in the UK.

* By 'settlement' they mean ILR or the equivelent.

Andyandythai, how old is your step son? If he is under 18, and still will be when his mother applies, then he can apply for registration at the same time as his mother applies for naturalisation. See under 'Children' in British Citizenship Basics.

Also, children under 18 are exempt from this requirement, both for ILR and for naturalisation.

Edit, quote box fixed.

[Stanaris]

As for naturalisation, I'm afraid that the 'old' style KOL will not be acceptable and applicants will have to meet the new requirement.

From the statement of intent:

Quote

A migrant who fulfils the Life in the UK requirement for settlement as it applies on or after 28 October 2013 will not be required to retake any elements in a later application for naturalisation but will be deemed automatically to satisfy KoLL at that later stage.

The situation is different for those who applied or apply for settlement* before 28 October 2013. They will have satisfied the KoLL requirement by either passing the Life in the UK test or by taking an ESOL qualification (probably at a level below B1) and this by itself will not be sufficient should they later apply for naturalisation. They will need to satisfy the new KoLL requirement but if they have already passed the Life in the UK test will not need to retake it. For some people this will mean passing a relevant speaking and listening qualification for the first time. Others will need to pass a speaking and listening qualification at a higher level than they had to demonstrate to be granted leave to enter or leave to remain in the UK.

Thank you for clearing this up 7by7, my wife and I have been searching for this information (obviously not well enough) as she is due to apply for Naturalization in November after recently getting ILR. Hopefully she gets B1 or equivalent before November.

[Waterloo]

As for naturalisation, I'm afraid that the 'old' style KOL will not be acceptable and applicants will have to meet the new requirement.

From the statement of intent:

Quote

A migrant who fulfils the Life in the UK requirement for settlement as it applies on or after 28 October 2013 will not be required to retake any elements in a later application for naturalisation but will be deemed automatically to satisfy KoLL at that later stage.

The situation is different for those who applied or apply for settlement* before 28 October 2013. They will have satisfied the KoLL requirement by either passing the Life in the UK test or by taking an ESOL qualification (probably at a level below B1) and this by itself will not be sufficient should they later apply for naturalisation. They will need to satisfy the new KoLL requirement but if they have already passed the Life in the UK test will not need to retake it. For some people this will mean passing a relevant speaking and listening qualification for the first time. Others will need to pass a speaking and listening qualification at a higher level than they had to demonstrate to be granted leave to enter or leave to remain in the UK.

Thank you for clearing this up 7by7, my wife and I have been searching for this information (obviously not well enough) as she is due to apply for Naturalization in November after recently getting ILR. Hopefully she gets B1 or equivalent before November.

Hi 7by7

further to this thread a couple of questions

possible a silly question what is Koll, but more importantly my Wife received her ILR a couple of months ago & we intend to apply for citizenship shortly.

Now as I understand it her pass at life in the UK test is sufficient if we apply before Oct but not if we delayed & applied after Oct.

[7by7]

KOLL (or KOL) is an acronym for Knowledge Of Life and Language in the UK.

As the quote from the statement of intent says, if she has already passed the LitUK in order to obtain ILR then she does not need to take it again for naturalisation, even if she applies for that on or after the 28th October.

She will, however, if applying after that date also need level B1 or better in English speaking and listening from an approved provider. So, if she does not already have this she will need to obtain it.

Your local Adult/further education college(s) should be able to advise on a suitable course, if required.

I should have said this earlier, so will do so now. Thanks to thongnaipan for noticing that the UKBA had finally published this statement, and for posting it here.

[andyandythai]

Anyone applying for ILR from 28 October will need to meet the new requirement. (Good to see they've finally set a date.)

As for naturalisation, I'm afraid that the 'old' style KOL will not be acceptable and applicants will have to meet the new requirement.

From the statement of intent:

A migrant who fulfils the Life in the UK requirement for settlement as it applies on or after 28 October 2013 will not be required to retake any elements in a later application for naturalisation but will be deemed automatically to satisfy KoLL at that later stage.

The situation is different for those who applied or apply for settlement* before 28 October 2013. They will have satisfied the KoLL requirement by either passing the Life in the UK test or by taking an ESOL qualification (probably at a level below B1) and this by itself will not be sufficient should they later apply for naturalisation. They will need to satisfy the new KoLL requirement but if they have already passed the Life in the UK test will not need to retake it. For some people this will mean passing a relevant speaking and listening qualification for the first time. Others will need to pass a speaking and listening qualification at a higher level than they had to demonstrate to be granted leave to enter or leave to remain in the UK.

* By 'settlement' they mean ILR or the equivelent.

Andyandythai, how old is your step son? If he is under 18, and still will be when his mother applies, then he can apply for registration at the same time as his mother applies for naturalisation. See under 'Children' in British Citizenship Basics.

Also, children under 18 are exempt from this requirement, both for ILR and for naturalisation.

Edit, quote box fixed.

Thanks 7by7, he is 20 now so cant do the children way. He passed ESOL at entry level 1 so I take it he will need to do the new Life In the UK test in 2015?

[dighambara]

So, I presume from the questions and replies about the 'Life Test and 'Kol' that citizens of Australia Canada and the US don't have those requirements..??

Meaning, as UK life is much like US life or Aussie life, then such things as KOL are immediately and obviously redundant...

[7by7]

You presume wrongly.

Applicants in English speaking countries are exempt from the initial A1 speaking and listening requirement for a partner visa; but every applicant for ILR and citizenship must satisfy KOLL.

Unless they are exempt on disability or age grounds (certain immigration categories are exempt when applying for ILR, see here, but must satisfy it should they later whish to apply for naturalisation.)

Obvioulsy, though, someone who is a native English speaker will find this easier to satisfy that someone who had very basic English when they first came to the UK.

[7by7]

Thanks 7by7, he is 20 now so cant do the children way. He passed ESOL at entry level 1 so I take it he will need to do the new Life In the UK test in 2015?

Yes, he will need to take the LitUK test. He doesn't need to wait until 2015, though, but can take it at anytime he feels confident about passing it.

You should check the level of his ESOL qualification as well, to ensure it is at least the equivilent of B1 and that it includes speaking and listening; If it isn't and/or doesn't then he will need to take a B1 speaking and listening test as well.

What is B1? See Common European Framework of Reference for Languages

[bangkoktonni]

hi 7by7,

i can now presume that my wifes esol level entry 3 will now be ok for ilr requirements when we apply in nov 2013 ?.

thx

[7by7]

No.

From 28th October 2013 applicants for ILR must have

• passed the LitUK test and
• have an English speaking and listening qualification at, or equivelent to, at least level B1 of the CEFR.

From what is said in the OP it appears that her ESOL entry level 3 pass will satisfy the speaking and listening part; but you should check with the college or awarding body to be sure.

But she will still have to pass the LitUK test as well.

When did she first arrive in the UK with her partner/spouse visa? The earliest she can apply is 28 days before the second anniversary of that date, so she may be able to get her application in before the 28th October.

If she arrived as a fiance then the earliest she can apply is two years after her FLR after your marriage started.

[bangkoktonni]

wife took the lituk exam early march 2013 when we heard they were changing it, she passed first time. she came over as spouse on 15th dec 2011 so we just miss out on old ruling.

she passed esol entry level 3 in 3 mths study and has got a city and guilds stamped with speaking, listening, reading and writing pass entry 3. this was from leicester college which was an approved college.

just got off the phone with them and even they are in the dark regarding b1 equivalence to esol entry 3, and the list u shown does not have it either.

thx

[7by7]

City & Guilds are on pages 18, 19 & 20 of the document, but it's not clear to me whether your wife's qualification is sufficient; though I think it is.

Maybe contact C&G?

Customer Relations

City & Guilds

1 Giltspur Street

London

EC1A 9DD

Tel: +44 (0)20 7294 2885

Tel: +44 (0)20 7294 2405

[email protected]

www.cityandguildsenglish.com

Customer Relations

City & Guilds

1 Giltspur Street

London

EC1A 9DD

Tel: +44 (0)20 7294 2885

Tel: +44 (0)20 7294 2405

[email protected]

www.cityandguildsenglish.com

[Waterloo]

KOLL (or KOL) is an acronym for Knowledge Of Life and Language in the UK.

As the quote from the statement of intent says, if she has already passed the LitUK in order to obtain ILR then she does not need to take it again for naturalisation, even if she applies for that on or after the 28th October.

She will, however, if applying after that date also need level B1 or better in English speaking and listening from an approved provider. So, if she does not already have this she will need to obtain it.

Your local Adult/further education college(s) should be able to advise on a suitable course, if required.

I should have said this earlier, so will do so now. Thanks to thongnaipan for noticing that the UKBA had finally published this statement, and for posting it here.

Cheers 7by7

just re-read my post could have been a bit better worded but thanks for the confirmation, also thanks for the course information I'm sure it will be a great help for some fortunately the wife already speaks excellant english.

[TCA]

Digressing slightly but I spotted here below that new forms have been issued for use since 6th April.

http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2013/april/11-new-forms

Does anyone know how/if this affects online application forms? I started an online marriage settlement form before 6th April but it might not be submitted before 27th April.

Is online form VAF4A the same as SET(M)? Am I logging into an existing application in an outdated format?

[7by7]

VAF4A is used outside the UK to apply for the initial visa.

SET(M) is completed in the UK to apply for ILR.

[TCA]

Thanks 7by7. Don't want to make any schoolboy errors at this stage!

[marksm]

7by7 next year hopefully ill be applying for the wife's ILR how much time outside the uk is the wife aloud i.e. holidays ?

[7by7]

There is no specified limit on time allowed out of the UK whilst qualifying for ILR.

She will need to show that she is, and has been throughout the qualifying period, a UK resident; which may be difficult to do if she has spent more time out of the UK than in!

But the usual holidays, even extended ones in Thailand, should not be a problem.

There is also discretion allowed if an applicant has spent a considerable amount of time outside the UK due to their accompanying their British spouse while s/he was working abroad; as long as they are living in the UK again when they make their application.

There is a limit on time allowed out of the UK whilst meeting the residency qualification for naturalisation as British.

The residential qualifying period for the spouse or civil partner of a British citizen is three years.

She must have been physically present in the UK on the exact date three years prior to the application and during the intervening three years have spent no more than 270 days in total out of the UK with no more than 90 days in the final year.

[marksm]

Thanks for the Quick reply 7by7 within the 2 years she would of been out of the country for 38 days 14 of them will be next year for family weddings

[7by7]

Wont be a problem.

[marksm]

Thank you for the advice once again 7 by7

[prapha]

Hi.

my wife is currently here with me in the uk on a 27 month settlement visa.we applied for the visa before the 9th july 2012 so we are on the old rules.Her visa expires in july 2015.

Everything is going well,she is in full time employment and going to the local college to learn english preparing for the next visa.

i'm wanting to know what visa she needs to apply for, flr or ilr and the time scale of it all and some info on the english and life in the uk test.

Advice would be much appreciated.thanks

Regards chris

[7by7]

Her next application should be for Indefinite Leave to Remain.; using form SET(M).

However, she needs to have met the language requirement; that is passed the LitUK test and achieved at least level B1 of the CEFR, or the equivalent, in English speaking and listening from an approved test provider.

If she hasn't met all the requirements for ILR by the time her current visa expires, then she should apply for Further Leave to Remain using form FLR(M); otherwise she will be in the UK illegally.

For this she will need A1, or the equivalent, in English speaking and listening, but UKVI have confirmed that the pass she used for her initial visa is fine for this; even if the certificate has expired.

If she does have to apply for FLR I will be valid for a further 24 months, but she can apply for ILR at any time during this period once she has met the requirements for ILR. If she still hasn't done so when her FLR expires she can apply for FLR again.

[prapha]

Thanks for making it clear to me.Great help