The English Language requirement was introduced on 29 November 2010 for those who are not nationals of a majority English speaking country, applying for leave to remain or entry clearance as a fiancé (e), unmarried partner, spouse, civil partner, proposed civil partner and same sex partner of a British citizen or a person who is settled in the UK.
From the 6th of April 2011, this requirement was extended to civil partners, post- flight spouse, unmarried partner or same sex partner of a person in the UK with refugee or humanitarian protection status.
From the 9th of July 2012 when Appendix FM was introduced to the Immigration Rules, the English language requirement was further extended to those applying for entry clearance or leave to remain as a parent of a child in the UK.
From the 1st of December 2013, the requirement was extended to the partners of foreign or Commonwealth members of HM Forces who apply under Appendix Armed Forces and to the partners of British or settled members of HM Forces who apply under that Appendix.
This requirement was challenged as unlawful in the case of Bibi & Others v SSHD and the lawfulness of the English language requirement was upheld by the Court of Appeal in its 12 April 2013 judgment.
There are however certain exemptions for applicants who are not nationals of a majority English speaking country and which are, by reason of age (65years and above); disability which prevents them from meeting the requirement; and exceptional circumstances. The exceptional circumstances could be met by showing that there is no approved A1 English test in your country of residence.
This last exemption has been withdrawn from the 24th of July 2014. This means that applicants resident in a country with no approved A1 English test will now be expected to travel to another country to take an approved A1 test. They will still be exempt from the requirement if they can demonstrate in their visa application that it is not practicable or reasonable for them to do so. If their application is granted and they enter the UK, they will need to meet the English language requirement at the time of applying for further leave to remain.
Applicants already in the UK and are applying for leave to remain in the UK on the 10-year partner or parent route are not required to meet the English language requirement and are therefore not required to provide evidence of English language ability with their application. Applicants who have already met the English language requirement do not need to provide further evidence at the further leave to remain application stage.
It is worth noting that this flexibility will not apply to cases where a test certificate or result awarded to an applicant has been withdrawn by a provider such that it can no longer be relied upon, or a test provider who has ceased, by the date of application, to be an approved test provider, or in respect of a test which has ceased, by the date of application, to be an approved test. In such circumstances, an applicant is required to write an approved test and produce evidence in the application.
English language test certificates used by an applicant to qualify for leave on another basis, such as under the Points Based System (PBS), cannot be relied upon in applying as a partner or parent unless it meets the requirements of the partner and parent rules.
Only certain providers have been approved by the Home Office to provide English language tests for immigration purposes and it is advisable to confirm that the test you wish to take is one approved by the Home office as your application may be refused solely on that basis.