LITUK - How good is knowledge?

[durhamboy]

http://www.theuktest.com/life-in-the-uk-test/1

A lot has been written in this forum and elsewhere about the fairness of the UK LITUK test and in particular the degree of difficulty of the questions.

May I suggest a little exercise for those interested in participating?

The above are sample tests from the UK's LITUK website. I suggest that for those that want to try, take the first test and post their results here. I would also suggest that you post the number of questions that you guessed correctly so that we can ascertain a truer score i.e. a score based on knowledge rather than luck. The test takes 45 minutes (so take all that time if you wish) but it can be done in 10-15 mins. The passmark is 18 out of 24.

I tried this test. I scored 21 which is a pass. However, I correctly guessed 2 so my true score was 19. Still a pass but only just.

Finally, when you've done the test please just spare a thought for all the foreigners who have to take LITUK for their ILR. Mostly, they have near zero knowledge about the UK when they came here and, in the case of our Thai partners, a lot do not know how to read our script.

Thanks & good luck!

[bigyin]

I suspect this will open up a can of worms but for the record I have previously taken 2 sample tests, failing the first time and passing the second time. Despite having an 'A' level in History and being extremely interested in military history in particular I was unable to correctly say when the English Civil war either started or finished, can't remember which. I cannot begin to fathom what this has to do with 'Life in the UK' in the 21st century. The test is the test and we are stuck with it but I cannot imagine who conceived these types of questions. This is the sort of information which hardly anyone possesses anymore as you simply look it up and does it make you anymore equipped to live in the UK and understand and conform to our customs and values? I really don't think so. It has not even been taught in schools in the UK for the past 20 years. 'What do British people typically eat with fish and chips' would in my opinion be far more relevant to 'life in the UK'. Many will no doubt disagree, but, durhamboy, on this issue I broadly agree with you. In my opinion (and it is only that..an opinion) foreign born spouses of UK citizens should not be expected to know things which the majority of the native population do not

[7by7]

The above are sample tests from the UK's LITUK website.

No, they are not; which the website makes clear on their homepage.

All information is provided as is; we do not guarantee the accuracy of the information.

This is not the official test.....

They don't appear to be a commercial site, though; on this page they ask for donations, so maybe a charity?

First attempt; 20 out of 24; guessed three, wrongly; was convinced I was right on the other, but wasn't!

Second attempt, 24 out of 24; no guesses.

I have said this many times; in my opinion it is not wrong that immigrants have to learn something of British history, institutions etc. if they want to settle her.

What is wrong is that much of this is no longer taught in British schools!

BTW, the largest group of non EEA migrants into the UK come from the Indian sub continent. They also have a different alphabet; do you think they should be exempt from this test as well?

[steady]

If people who have to pass the LITUK test put in half as much effort as has been expended on the subject in this forum they will all pass with 100%. Personally I just think that these are the rules, I can waste as much effort as I like today arguing about it but with the present political climate if there are any changes then they are only going to tighten up on testing.

For what it's worth the wife passed it first time about 2 years ago. She passed because she worked really hard and we bought the government books, used websites and read forums and just worked through it until she kept remembering the answers. The reason that I say this is that she will not have passed her English to the standard required for ILR or Citizenship until she sits her exams this June. Durhamboy the test can't be overwhelmingly difficult if someone it 2 years before their English is good enough for ILR. However I tend to agree when you doubt what good the content actually does for the person being tested. Perhaps it's not the best measure of understanding of English either but it's what we all have to deal with if we have spouses who are Thai.

I don't know what the answer is when discussing the test and its content, and I can't think of any other workable options either (that would be acceptable to whatever flavour of government is in power). In my world this just goes into the "too hard box", we knew what had to be done and worked towards it.

Edited April 9, 2015 by steady

[wooloomooloo]

How easy should the test become before everyone is satisfied?

Honest answers and appraisals are most welcome. If not, what would you suggest?

[mikebell]

18 but 3 guesses on History dates. 2 University degrees (neither in History); a UK native for 62 years before retiring here.

[StefanBBK]

70% failed with history dates. Is it really important to know how old Big Ben is? Anyway up to the British.

My opinion a little more contemporary content would be better.

I am German.

[durhamboy]

How easy should the test become before everyone is satisfied?

Honest answers and appraisals are most welcome. If not, what would you suggest?

I agree with stefan, the questions should be more contemporary. Also more practical e.g. what is the emergency telephone no., NHS helpline, locations of major UK cities, national maximum speed limit for drivers etc. Maybe some of them are buried in their somewhere.

Also the test should be mandatory at the citizenship stage not ILR.

Edited April 10, 2015 by durhamboy

[durhamboy]

7by7 - I don't believe I have ever said that anyone should be exempt. Please read my post (#8) above. In the past I think we bestowed citizenship far too easily. All you had to do was be resident here for a few years. So a test is right and proper AT THE CITIZENSHIP STAGE.

[7by7]

Not everyone who comes to live in the UK takes out British citizenship; for a variety of reasons.

The LitUK test is not just a test of knowledge, it is also a test of the candidates English reading ability, though not writing as it is computer based.

I live in an area with a high immigrant population; mostly from Pakistan. Doctor's surgeries, hospitals, the local council etc. all used to provide leaflets etc. in several languages to cater for immigrants who could not read or write English. They also often had to provide translators for residents who could not speak English.

All at vast cost to the public purse.

The requirement for these services are reducing, and will reduce to zero over time due to the English language requirements, including the LitUK test, for the initial visa, FLR and ILR.

I agree, and have never said otherwise, that some of the questions in the test should be more relevant to the day to day requirements of life in the UK; but I am wholly in favour of requiring those who come to settle in the UK to be able to speak, read and write English to a good enough standard to get by, communicate with their doctor etc. without the taxpayer providing multitudinous translations for them.

[bigyin]

Not everyone who comes to live in the UK takes out British citizenship; for a variety of reasons.

The LitUK test is not just a test of knowledge, it is also a test of the candidates English reading ability, though not writing as it is computer based.

I live in an area with a high immigrant population; mostly from Pakistan. Doctor's surgeries, hospitals, the local council etc. all used to provide leaflets etc. in several languages to cater for immigrants who could not read or write English. They also often had to provide translators for residents who could not speak English.

All at vast cost to the public purse.

The requirement for these services are reducing, and will reduce to zero over time due to the English language requirements, including the LitUK test, for the initial visa, FLR and ILR.

I agree, and have never said otherwise, that some of the questions in the test should be more relevant to the day to day requirements of life in the UK; but I am wholly in favour of requiring those who come to settle in the UK to be able to speak, read and write English to a good enough standard to get by, communicate with their doctor etc. without the taxpayer providing multitudinous translations for them.

I totally agree with the last paragraph and I don't think any reasonable person could disagree but the test as presently constituted is not really testing that. Questions tailored to everyday life with perhaps a little bit of history and culture would be fine but to expect immigrants and particularly the lawful spouses of UK citizens to know more about the history of the UK than is taught in schools is patently absurd. I do agree that these things should be taught in school as they were when we were young but they are not and it will never revert to how it was so the test should change to adapt to modern circumstances.

[keithsimmonds]

How easy should the test become before everyone is satisfied?

Honest answers and appraisals are most welcome. If not, what would you suggest?

I would suggest that there shouldn,t be a bluudy test. My wife and i have been married 8 years.........no dependent children.........95% equity in our house .........wife works pays Tax and Ni contributions............speaks English and Thai ....what more do you Bluuddy want...............oh i know another £500 for Healthcare Charge when her currenmt FLR expires. Sounds fair doesn,t it..............

[durhamboy]

Sedems like this thread is drifting away from people actually doing the sample. Not unexpected I guess. Would some of you guys who have posted but not done the sample test care to do so?

[bigyin]

Just done this again and got 19 which is a bare pass. I love history but too many questions about historical dates. No one learns this information anymore so why should immigrants have to learn them. I suspect nobody under the age of about 40 would have learned historical dates at school in the UK. My daughters are 36 and 34 and I know they didn't...I am also 100% sure they would fail this test.

[keithsimmonds]

Sedems like this thread is drifting away from people actually doing the sample. Not unexpected I guess. Would some of you guys who have posted but not done the sample test care to do so?

Apologies.. I Got 21/24 (guessed at 3) and the reason for that is the amount effort my wife put in to taking her 3 Failed Tests,night after night studying and reading.....the difference is it,s a lot easier for all that information to stay in my head than it is for hers......same as if the same test was required in Thailand........i wouldn,t be confident of passsing that.

[wooloomooloo]

I sailed through [22/24]. So did my wife three years ago, though she did study the LitUK book and subsequent internet tests for fourteen months solid. She never once moaned and passed first time and all for the bargain price of £50. One of the cheaper, but more challenging hurdles of her journey towards citizenship.

We look back at my wife's immigration history with fondness, particularly now that we've experienced the many benefits of her British passport. Worth every penny, sweat and tear, I'd say.

[steady]

Did the test and got 21 out of 24 correct, so I passed. The three that were wrong were dates and if I were studying for real they would be remembered for the next practice test or the one after that. I think that most people are passing first time or getting a high mark means that the level of the test is about right. If you don't have to work to pass a test then the test is not at the right level. Some of the questions could be considered obscure but what would the alternatives be?

I think the idea that anyone would just jump into a LITUK test without doing study beforehand is wrong. If the OP had suggested that contributors do, for example, 10 dummy runs first and then do a test we would get a better indication of how easy it is to pass if you understand the UK and its history like a local.

[richard_smith237]

Just done this again and got 19 which is a bare pass. I love history but too many questions about historical dates. No one learns this information anymore so why should immigrants have to learn them. I suspect nobody under the age of about 40 would have learned historical dates at school in the UK. My daughters are 36 and 34 and I know they didn't...I am also 100% sure they would fail this test.

I thought I'd give this a try.... I got 18/24... ( I'm sure I'd fail at least half the time) - I'm 40 years old I'm a BSc Graduate and much preferred science, never really liked history, we never learned any of this stuff in School or Uni.

It seems to me that this test is not really representative of Life in the UK... It would more accurately be termed a 'British History Test'....

However, IMO, Passing this test represents the ability to study the UK, its history, some relevant rules and processes and successfully answer a series of questions.

Thus, rather than specific relevance to life in the UK, passing this test shows someone is 'prepared to make the effort' to live in the UK.

I suspect that if Thailand had a similar test many of us wouldn't be here... not because we couldn't pass it, but because it would take too much effort - much in the same way many haven't learnt Thai.

Edit:

Just had a second run and got 21/24 (guessed on 3 - 2 of them correct). My Wife (Thai) who is a Masters Graduate from Thammarsat Uni, speaks fluent English and is well travelled would fail this test - I'm guessing she'd need to study hard for a month to pass (which is difficult while looking after our child !).

Edited April 12, 2015 by richard_smith237

[7by7]

Indeed, Richard.

I'm sure I'll be corrected if I am wrong, but as I understand it a foreigner who is applying for permanent residence (the equivalent of ILR) in Thailand has, among other requirements, to pass a lengthy interview conducted in Thai.

Thai PR is granted to only 100 applicants per nationality per year.

Which is easier; a Thai obtaining ILR in the UK or a Brit obtaining PR in Thailand?

I think we all know the answer!

[durhamboy]

Firstly thanks to everyone for taking the test.

It seems that the members' views on the test are mixed. From being a good thing on one hand to there not being any test on the other hand.

My view (in addition to what I said in post #8) is that for those Thais that find this test nigh on impossible to pass (and there are many that can't pass it) they are going to be caught in an endless circle of FLR applications and paying c.£1100 (or more) every couple of years. I think that is very unfair.

A couple of other points about 7by7's observations :-

1. Whether there are English and LITUK tests or not I do not believe that our public services such as doctors should be providing free translation services. I don't believe that things like the driving test should be available in some foreign languages. If everything was in English it would encourage people to speak English without the need for these tests. The only exception to this that I can think of is criminal cases in the courts.

2. Yes I think 7by7 is right in that it is easier to get UK ILR than Thai PR. However, I think he should give a balanced view of the situation. It is a hell of a lot easier for a couple to go and live "indefinitely" in Thailand than for the couple to live in the UK.

[7by7]

Yes I think 7by7 is right in that it is easier to get UK ILR than Thai PR. However, I think he should give a balanced view of the situation. It is a hell of a lot easier for a couple to go and live "indefinitely" in Thailand than for the couple to live in the UK.

Really?

Couple in UK; once the Thai spouse has passed the LitUK test and B1 English, i.e. satisfied KoLL, which they have 5 years to do, then they once time qualified can get ILR. There is no limit on how many people are granted ILR each year.

Couple in Thailand; Language requirement a much higher standard than that required for UK ILR. Even if the British spouse is fluent in Thai, only 100 British people will be granted PR each year. It may take many years of applying and being rejected simply because of this quota before the British spouse gets Thai PR; if at all.

Couple in the UK: Thai spouse does not pass the LitUK test and so applies for FLR every 30 months (24 if under the old rules). British spouse dies; Thai spouse can apply for ILR under the bereavement rules, in which case KoLL is not required.

Couple in Thailand; British spouse has to do 90 day reporting and renew whatever visa s/he has at least once a year. Thai spouse dies; British spouse immediately has to find another 20,000baht per month income in order to switch from a spouse visa to a retirement one; assuming he's old enough for that. The alternative to this is to do regular visa runs; which, from posts in the other forum, the Thai government seem intent on making harder and harder to do.

[durhamboy]

7by7 - Once again you and I don't seem to be on the same planet.

I really can't understand why, in the entirety of your first 3 paragraphs, you thought it necessary to set out why Thai PR is harder to get than UK ILR when I actually agreed with you on that point! See my post!

You then go on to talk about bereaved partners. We were talking about couples living together. Obviously when one of them dies it changes things! Btw, it is my understanding that KOLL is required for bereaved partners in the UK. Please quote your official source that says it isn't required.

The main point of my argument, which it seems you do not want to concede, is that it is easier for a couple to live in Thailand together than it is for them to come and live in the UK. Yes, there is a reporting procedure for the foreign spouse in Thailand. I'm not sure if it is every 90, 180 or 365 days but that is just about the only thing they have to do. Contrast that with all the hoops and costs the Thai spouse has to go through to get the initial UK settlement visa for 2 1/2 years.

[bobrussell]

Got two wrong (did pass though), both historical and with several answers close to each other. I have studied the LITUK book a bit with my sister-in-law. With a bit of hard work anyone can pass the test. She missed out by two questions when she took her test a couple of weeks ago. Back to studying, no fuss just acceptance that it is a barrier that needs to be crossed!

A bereaved partner can apply for ILR without passing the test. Any children over 18 yrs of age will, however need to pass the test.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/421468/appendix_fm_section_1_0a_5_year_partner_and_parent_routes_final.pdf (Section 16).

Before the change to 5 yr probationary period it was immediate (subject to meeting criteria). It is expected to be the norm that ILR will be granted on sight of the Death Certificate. The government are not always heartless and unsympathetic!

i assume citizenship would require the extra test and paperwork!

Edited April 13, 2015 by bobrussell

[7by7]

My point, Durhamboy, was to show that your assertion that it is "a hell of a lot easier for a couple to go and live "indefinitely" in Thailand than for the couple to live in the UK" is simply not true.

I suggest you browse the Thai visas, residency and work permits forum, as you appear to have very little knowledge of what is actually involved.

From SET(O)Guidance Notes

In order to qualify for indefinite leave to remain, all applicants aged 18-64 must meet the two parts of the Knowledge of Language and Life requirement.....

The categories which are not subject to this requirement are the following: bereaved partner.......

Though, of course, a bereaved partner with ILR would later need to satisfy KoLL should they wish to apply for British citizenship.

Edit; Bob beat me to it on the ILR point.

Edited April 13, 2015 by 7by7

[wooloomooloo]

My view (in addition to what I said in post #8) is that for those Thais that find this test nigh on impossible to pass (and there are many that can't pass it) they are going to be caught in an endless circle of FLR applications and paying c.£1100 (or more) every couple of years. I think that is very unfair.

There are those who will genuinely struggle but far more that are quite capable of passing LitUK but just can't be bothered to study and therefore bound to fail, which is their prerogative. It does take some application and I personally know many a Thai lady that has below average English reading, writing and listening skills but have put in the effort to study LitUK and passed the test.

I know of one UK guy that brought his wife over on a settlement visa and they were so wrapped up in their occupations and comfortable UK lives that they totally ignored anything mundane like B1 and LitUK. Eventually, his wife returned to LOS. They accepted that the study wasn't for them [or his wife, at least] and moved on.

Don't be fooled by some of the hard-luck stories.

[durhamboy]

Got two wrong (did pass though), both historical and with several answers close to each other. I have studied the LITUK book a bit with my sister-in-law. With a bit of hard work anyone can pass the test. She missed out by two questions when she took her test a couple of weeks ago. Back to studying, no fuss just acceptance that it is a barrier that needs to be crossed!

A bereaved partner can apply for ILR without passing the test. Any children over 18 yrs of age will, however need to pass the test.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/421468/appendix_fm_section_1_0a_5_year_partner_and_parent_routes_final.pdf (Section 16).

Before the change to 5 yr probationary period it was immediate (subject to meeting criteria). It is expected to be the norm that ILR will be granted on sight of the Death Certificate. The government are not always heartless and unsympathetic!

i assume citizenship would require the extra test and paperwork!

Thanks for that Bob. Regarding bereaved partners we have a friend who is sadly in that category. However, she came here under the old rules. The link that you posted is for the new rules but you did go on to say :-

Before the change to 5 yr probationary period it was immediate (subject to meeting criteria). It is expected to be the norm that ILR will be granted on sight of the Death Certificate. The government are not always heartless and unsympathetic!

Do you have a similar official link for the old rules showing that? It could be very useful to the lady in question who is under the impression that whilst she can get FLR she can't get ILR without LITUK and B1 English. Thanks.

Edited April 14, 2015 by durhamboy

[durhamboy]

My point, Durhamboy, was to show that your assertion that it is "a hell of a lot easier for a couple to go and live "indefinitely" in Thailand than for the couple to live in the UK" is simply not true.

I suggest you browse the Thai visas, residency and work permits forum, as you appear to have very little knowledge of what is actually involved.

7by7 - quite simply, you are wrong. I suggest it is you that needs to browse the forums. There are numerous cases (where we have both commented on) where couples cannot meet the requirements to live in the UK. Apologies to others for going on ad nauseum - these are the requirements for English language, Finances and Accommodation, not to mention the exhorbitant costs of the visa.

Just today, we have one such case. Peejay's topic and his wife's English test problems. If they wanted to live in Thailand they could do so quite easily. Instead they can't even get a visit visa for the UK!

There are many foreigners living in Thailand with their Thai partners. They didn't need to go through all the hoops expected of Thais coming to the UK. The costs of their Thai visa are a lot less in comparison to the UK costs. Please see the details in the following website :-

http://www.siam-legal.com/thailand-visa/Thailand-Marriage-Visa.php

The main requirements are :-

1. £8000 in a bank account or annual income of £9600 or combination of both.

2. 90-day reporting at an immigration office - there are many in Thailand.

3. Visa renewed every year.

4. Cost of visa is around £100.

So no need for a Thai language test. Only £8,000 in a bank a/c compared with at least £62,500 for the UK. No accommodation requirement.

Cost of visa (over 5 years) - Thailand c.£500, UK c. £1600 (excluding new NHS surcharge of £1,000). I excluded the NHS surcharge on the premise that one would probably need health insurance in Thailand.

I think that Thailand has a pragmatic attitude to foreigners married to Thais. They don't seem to suffer from the same hang-ups that UK politicians do where all immigrants tend to be lumped into one category and unrealistic targets are set e.g. Tories saying they will cut immigration to the tens of thousands (its currently running in the hundreds of thousands) so the UK knowing that it can do nothing about EU immigration tries clamp down on family settlement.

The Thais basically say sure you can come here but we will make it hard for you to get PR. However we will renew your visa every year so no problem. Now there is no guarantee that they will renew visas but that's the same everywhere. There is no guarantee that the UK will grant FLR.

Now 7by7 are you really still saying it is easier for a couple to live in the UK than Thailand?

[7by7]

1) PeeJay's topic is not about his wife's difficulties in passing the English test; in fact he said she found it easy! Unfortunately the test she passed is no longer acceptable and so she will have to take another one.

2) Yes, it is cheaper for a British spouse to live in Thailand with their Thai spouse than vice versa; but you forget that after 5 years in the UK the Thai spouse will have ILR and, unless they wish to apply for citizenship, that is the end of it. Whereas the British spouse in Thailand has to comply with your list for the rest of their life; unless they not only qualify for PR but are also one of the lucky 100 per year who are granted it. The language requirements for which are much harder than those for UK ILR.

At current rates, including the health surcharge, the route to ILR will cost £3605. Plus costs of the various tests etc. I grant you that it will take over 30 years for an English spouse living in Thailand to have paid that much in visa fees.

But you forget that after 5 years the Thai spouse in the UK will be able to apply for ILR and once granted they can stay indefinitely; regardless of any change in circumstances such as unemployment, bereavement even divorce or any changes in the rules by the British government. The British spouse living in Thailand will never have that security, unless he is one of the lucky 100 each year or is even more fortunate and is granted Thai citizenship.

Unless he has PR or citizenship then if the couple divorce or the Thai spouse dies then the Brit will no longer be entitled to a marriage visa and unless they can meet the higher financial requirements for a retirement visa or qualify for some other visa they will have to leave the kingdom or rely on the insecurities of doing regular visa runs.

A Thai living in the UK with their spouse can apply for British citizenship as soon as they have ILR; the granting of which is in most cases where the applicant is the spouse of a British citizen a formality. A Brit living in Thailand needs to have held PR for at least 10 years before they can even apply for Thai citizenship, with no guarantee of it being granted.

Remember, too, that, for both FLR and ILR the Thai spouse's income can be used as well as the English spouse's to meet the financial requirement. For all application stages the Thai spouse's savings can be used as well as the English spouse's. That is not the case for Thailand; the Thai spouse's income and savings cannot be used to meet the requirement.

In the UK the financial requirement has to be met three times; the initial visa, FLR and ILR. In Thailand it has to be met every 90 days.

You may find Camerata's Guide To The Permanent Residence Process enlightening. You will see posts there from people who applied over 6 years ago and are still awaiting a decision!

So yes, I am saying that it is easier for a Thai/British couple to live in the UK than in Thailand; albeit more expensive to obtain the necessary visa and LTR.

Despite that, when we retire, or win the lottery, we will be moving to Thailand. If it wasn't for the impossibility of my meeting the Thai financial requirement until I retire and get my pension, we'd be there now!

3) Your friend can apply for ILR as a bereaved spouse without meeting KoLL or any residency requirement, even if she does come under the rules in force prior to July 2012, using form SET(O).

SET(O) is a general form for several categories; much of it will not be relevant to her and can be ignored.

Section 4 - Knowledge of language and life in the UK
You are not required to complete this section if you are applying in one of the following categories:
• Tier 1 (General) Migrant applying under the terms of the HSMP Forum Judicial Review Policy Document,
• highly skilled migrant under the terms of the HSMP ILR judicial review policy document or
• bereaved partner.
If you are applying in one of these categories, go to section 5.

Section 6 - Immigration history
You are not required to complete this section if you are applying in the bereaved partner categories.

Section 9 - Tier 1 points scoring assessment
Applicants who are applying for indefinite leave to remain in the following categories are required to complete this section:
• Tier 1 (General) (excluding applicants applying under the terms of the HSMP Forum Judicial Review Policy Document
• Tier 1 (Investor), including accelerated route
• Tier 1 (Entrepreneur), including accelerated route
If you are applying in a category other than those listed above, please go to Section 10.

Section 12 - Documents
12A All applicants.......

12R Bereaved partner
If you are applying for indefinite leave to remain as a bereaved partner, in addition to the relevant documents in 12A, you must provide:
Your late partner’s death certificate
Evidence that you and your late partner were living together as a couple from the time you were granted leave to enter or remain in the UK as his or her partner until his or her death, such as letters, bills and other correspondence from official sources addressed to both or each of you at the same address. Please provide as many as you can.

[kunash]

not sure if i am allowed to post this website. but is it is http://ukcitizenshipsupport.com/

you have to pay for this

my wife's memory and reading skills are not good. sorry to say, but with the help of this website, and i mean this 100%, she worked through 3/4 of the practise questions, and there were 100's of them, and she passed her life in uk test 2 weeks ago.

without the help of this website she would not have had the confidence to do the test

well done my wife

[bobrussell]

Got two wrong (did pass though), both historical and with several answers close to each other. I have studied the LITUK book a bit with my sister-in-law. With a bit of hard work anyone can pass the test. She missed out by two questions when she took her test a couple of weeks ago. Back to studying, no fuss just acceptance that it is a barrier that needs to be crossed!

A bereaved partner can apply for ILR without passing the test. Any children over 18 yrs of age will, however need to pass the test.

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/421468/appendix_fm_section_1_0a_5_year_partner_and_parent_routes_final.pdf (Section 16).

Before the change to 5 yr probationary period it was immediate (subject to meeting criteria). It is expected to be the norm that ILR will be granted on sight of the Death Certificate. The government are not always heartless and unsympathetic!

i assume citizenship would require the extra test and paperwork!

Thanks for that Bob. Regarding bereaved partners we have a friend who is sadly in that category. However, she came here under the old rules. The link that you posted is for the new rules but you did go on to say :-

Before the change to 5 yr probationary period it was immediate (subject to meeting criteria). It is expected to be the norm that ILR will be granted on sight of the Death Certificate. The government are not always heartless and unsympathetic!

Do you have a similar official link for the old rules showing that? It could be very useful to the lady in question who is under the impression that whilst she can get FLR she can't get ILR without LITUK and B1 English. Thanks.

Cannot post links but under the old rules it was very clear cut.

Form is SET (M) and the guidance notes at the time, made it very clear that the expectation was that ILR was to be granted as the norm even if the surviving partner had only just arrived!

The only grounds (then and now) as far as I am aware, for refusal is if there is reason to believe there has been deception attempted or there was doubts regarding whether the relationship was subsisting at the time of death. In the vast majority of cases an application including the Death Certificate were sufficient. Processing times used to often be a matter of days, not weeks or months.

Guidance notes state:

People applying in the following categories do not need to meet the KoLL requirement:  children (people under the age of 18 years)  victims of domestic violence  foreign and Commonwealth citizens on discharge from HM Forces (including Gurkhas)  highly skilled migrants applying under the terms of the highly skilled migrant program (HSMP) judicial review, and their dependants  bereaved spouses, civil partners, unmarried partners or same-sex partners of people present and settled in the UK  parents, grandparents and other dependent relatives of people present and settled in the UK, applying under paragraph 317 of the Immigration Rules, even if they are aged between 18 and 64  adult dependent relatives, under Appendix FM of the Immigration Rules, even if they are aged between 18 and 64  retired persons of independent means  people applying for indefinite leave to remain following five years residence in the UK as a refugee  people applying for indefinite leave to remain following six years of discretionary leave  people applying for indefinite leave to remain following three years of humanitarian protection  people applying for indefinite leave to remain outside the Immigration Rules, for example under discretionary arrangements such as those for Gurkhas, widows, overage dependants and orphans.

Links to the old notes don't work anymore as far as I can see. My sister-in-law was a genuine victim of domestic violence (similar rules to bereavement) and her passport with ILR was back within a week. The first time I have been really appreciative of the Home Office!