Statement of Changes in Immigration Rules (Cm 7944) - English Language Requirement for Partners

Policy effect

Introduced a mandatory English language requirement (CEFR level A1 in speaking and listening) for applicants seeking entry clearance or leave to enter or remain as the spouse, civil partner, unmarried partner, same-sex partner, fiancée or proposed civil partner of a British citizen or settled person, with specified exemptions including nationals of certain countries, those with degrees taught in research/English, age 65 or over, physical or mental condition, or exceptional compassionate circumstances.

Conditions and exceptions

Validated condition or limit: Introduced a mandatory English language requirement (CEFR level A1 in speaking and listening) for applicants seeking entry clearance or leave to enter or remain as the spouse, civil partner, unmarried partner, same-sex partner, fiancée or proposed civil partner of a British citizen or settled person, with specified exemptions including nationals of certain countries, those with degrees taught in research/English, age 65 or over, physical or mental condition, or exceptional compassionate circumstances.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… the applicant provides an original English language test certificate in speaking and listening from an English language test provider approved by the Secretary of State for these purposes, which clearly shows the applicant’s name and the qualification obtained (which must meet or exceed level A1 of the Common European Framework of Reference) … The changes in paragraphs 6 to 20 shall take effect on 29 November 2010. … as the spouse, civil partner, unmarried partner, same-sex partner, fiancée or proposed civil partner of a British citizen or a person settled in the United Kingdom … unless: (a) the applicant is aged 65 or over at the time he makes his application; or (b) the Secretary of State considers that the applicant has a physical or mental condition that would prevent him from meeting the requirement; or; (c) the Secretary of State considers there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement; or” (iii) the applicant is a national of one of the following 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; United States of America; or (iv) the applicant has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s degree in the UK, from an educational establishment in one of the following countries: 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; the UK; the USA; and provides the specified documents; or (v) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s degree in the UK, and (1) provides the specified evidence to show he has the qualification, and (2) UK NARIC has confirmed that the degree was taught or researched in English, or (vi) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor’s degree in the UK, and provides the specified evidence to show: (1) he has the qualification, and (2) that the qualification was taught or researched in English. … However, if an applicant has made an application for entry clearance or leave to enter or remain as the spouse, civil partner, unmarried partner, same- sex partner, fiancée or proposed civil partner of a British citizen or a person settled in the United Kingdom and the application has not been decided before the 29 November 2010, it will be decided in accordance with the Rules in force on 28 November 2010.

Review method

Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification

Other United Kingdom changes operative in 2010

• 2010-01-13Borders, Citizenship and Immigration Act 2009
• 2010-03-03Employment restricted for dependants of specified Tier 4 students
• 2010-03-03Minimum course duration introduced for Tier 4 family applications
• 2010-03-03Term-time work limit reduced for specified Tier 4 students
• 2010-04-06Asylum-interview record signature requirement removed
• 2010-04-06Consent safeguards added for sponsored workers under 18
• 2010-04-06Earlier qualifying grants recognised for specified Tier 1 English-language criteria
• 2010-04-06Higher duration limit for older Tier 4 Child students
• 2010-04-06ICT Graduate Trainee sub-category introduced
• 2010-04-06ICT Skills Transfer sub-category introduced
• 2010-04-06Lower partner-visa age threshold for serving HM Forces
• 2010-04-06Monaco added to the Youth Mobility Scheme
• 2010-04-06Sponsored researchers permitted to switch from qualifying work permits into Tier 5
• 2010-07-19Interim Limits on Tier 2 (General) Certificates of Sponsorship (HC 96)
• 2010-09-09Permission to Work for Asylum Applicants and Fresh Claimants (Cm 7929)
• 2010-12-21Tier 2 General interim certificate allocation specified in the Immigration Rules
• 2010-12-23Tier 1 General closed to new entry-clearance applications