UK visa applicants - husbands, wives and partners

In June 2010 the UK government announced plans to introduce compulsory English language tests for all non-European migrants applying to come to the UK to join or marry their settled partner.

These plans will be implemented from 29 November 2010. From this date, 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, by taking an English language test with one of our approved test providers.

In South Africa, the International English Language Testing System (IELTS) may be taken by applicants at either the Language Lab (Johannesburg) or the British Council.


Who will the requirement affect?
Non EEA nationals applying to come to or stay in the UK as a: spouse or civil partner fiancé or proposed civil partner unmarried partner or same sex partner
of a British citizen or non-EEA national settled in the UK.

What will spouses need to do to meet this requirement?
Spouses will need to demonstrate competence in English language speaking and listening at a basic level (Common European Framework of Reference, level A1).

How will an assessment be made whether a spouse has the required level of English?
A spouse will need to provide evidence to the UK Border Agency with their visa application that they have passed an English language test with one of the UK Border Agency’s approved test providers


What is level A1 of the Common European Framework of Reference (CEFR) for language?
Level A1 is equivalent to ESOL (English for Speakers of Other Languages) Entry level or National Curriculum level 1 year 1 to 2.
Someone assessed at level A1 can understand and use familiar everyday expressions and very basic phrases. They will be able to interact in a simple way provided the other person talks slowly and clearly and is prepared to help.



In-country Applicants Applying for Leave to Remain
Will the new English language requirement for spouses apply to in-country applications as well?
Yes. It will also apply to in-country applications for leave to remain.

Will the test for pre-entry and in-country applicants be the same?
The test will vary according to the test provider, but the requirement for visa and in-country applicants will be the same (i.e. to hold an English language speaking and listening qualification at A1 level).

Will spouses still have to take the Life in the UK Test?
Yes. Spouses applying for indefinite leave to remain after completing their two-year period of temporary residence will still need to fulfil the knowledge of life and language in the UK requirement. They may do this either by taking the LitUK Test, or if their English is not yet at that level (ESOL Entry Level 3/CEFR B1) they may take an ESOL with Citizenship qualification and demonstrate progression from one ESOL level to the next.

Will an in-country applicant who fails the English language test be able to stay in the UK?
Meeting the English language requirement will be a condition for obtaining leave to remain as a spouse under the Immigration Rules. Applicants who fail to meet this requirement will be refused leave and expected to leave the UK, subject of course to observing our international and humanitarian obligations.

How long before a spouse can apply for settlement/ILR and then citizenship?
In general, a spouse may apply for indefinite leave to remain in the UK after he/she has spent two years here.

If you are uncertain about any of the points relating to the new English language requirements for UK visa applications, please contact IIA immediately.