SET17 - English language requirement

This is internal guidance for use by entry clearance staff on the handling of settlement in the United Kingdom (UK) visa applications made outside the UK. It is a live document under constant review and is for information only.

SET17.1 What is the English Language Requirement?

On 29 November 2010 the Immigration Rules were amended to introduce a new English Language requirement for applicants applying for leave to enter or remain in the UK under Part 8 of the Immigration Rules as the spouse, civil partner, same-sex partner or unmarried partner of a sponsor who is British or is present and settled in the UK.

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SET17.2 The requirement applies to those applying for entry clearance under which categories?

Settlement: Part 8 of the Immigration Rules;
paragraphs: 281 spouses and civil partners - LTE
                  290 fiancé(e) and proposed civil partners - LTE
                  295A unmarried and same sex partners - LTE

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SET17.3 How does the applicant satisfy the requirement?  

  • By passing a test with an approved provider; or
  • by having a degree taught in English including masters degree and PhDs
  • Any masters degree or PhD obtained in the UK
  • Any masters degree or PhD obtained in one of our list of majority English speaking countries
  • It is assumed that the above qualifications have been taught in English in line with the points-based system
  • Any masters degree or PhD not obtained in the UK or a majority English speaking country which UK NARIC can verify was taught in English or can be verified by other evidence by being a citizen or national of a majority English language speaking country (which is specified in the relevant Immigration Rule)

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SET17.4 How does the applicant demonstrate that they have met the requirement?

The applicant must provide 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 (Basic Speaker) of the Common European Framework of Reference (CEFR).

Please note: ETS TOEFL paper based tests alone can no longer be accepted as evidence of meeting the English language requirement as they do not test speaking skills, unless the applicant has provided additional evidence of meeting the speaking skills requirement to the A1 level, the ETS TOEFL paper based tests alone would not be acceptable as evidence of meeting the English language requirement. Applications made before 22 February 2011 where the applicant provided only a TOEFL paper based test certificate showing they meet the A1 level, can be accepted and used as evidence of meeting the English language requirement.

SET 17.4.1 Can TOEFL Internet based tests be used as evidence of meeting the English language requirement?

TOEFL Internet based tests can be accepted as evidence of meeting the English language requirement, however they only test at the higher level of B1 and not at the basic A1 level required by spouses. If taking the TOEFL internet based test the applicant must obtain a minimum score of 9 in listening and 5 in speaking in order to pass this test.

SET 17.4.2 What if the applicant does not meet the B1 level, is it possible that they may have demonstrated English to the A1? 

If the applicant scores below the minimum required for the B1 level then they cannot use this as evidence of meeting the English language requirement. The TOEFL Internet based test is not designed to test below the B1 level and therefore there is no way of establishing what score would be required to meet the A1 level.

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SET17.5 How many times may an applicant take the test?

There is no restriction on how many times an applicant can take the test.

SET 17.5.1 Does the applicant need to pass the test overall?

No the applicant only needs to pass the speaking and listening elements at the A1 level they do not need to pass the reading and writing parts.

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SET17.6 Who are the approved test providers?

The UK Border Agency will only accept English language tests as specified in the table on the Information for providers of English language course and tests page on this website for visa applications under the points-based system or as a spouse or partner joining a person already in the UK.

The tests and levels included on the list were submitted by the providers and have been assessed by the UK Border Agency and independent/sector experts before these were included, For this reason, no other tests are acceptable.

This means that:

  •  Where an applicant has a test at the specified level but not from one of the listed providers, it cannot be accepted as evidence and;
  • Where an applicant has a test from an approved provider that is not listed, it cannot be accepted as evidence

or;

  • Where an applicant has achieved a test level with an approved provider that is not included on our list of tests it cannot be accepted, regardless of whether the provider has mapped their tests to the CEFR level or not. Although these tests may be used as evidence for reasons other than applications to the UK Border Agency, we cannot accept them because the provider has not asked that we include them on our list of tests and providers and they have not been assessed by the UK Border Agency.

For Example:

  • evidence submitted that meets the specified CEFR level for the immigration route but was not produced by one of our listed providers. This cannot be accepted. Only tests conducted by our listed providers are acceptable

or;

  • evidence has been submitted from one of our providers but at a test level not specified on our list. This cannot be accepted. Only tests and test levels that are specifically included on our list are acceptable for UKBA purposes. For example, an IELTS test is received that shows a score below the B1 level specified in our list. This cannot be accepted as evidence of A1 proficiency because IELTs do not map below B1.

A list of approved providers is available on the UK Border Agency website.

Please also see the following websites:

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SET17.7 Which countries are classified as a 'majority English speaking country'?

The applicant is deemed to meet the requirement if they are 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

An original current valid passport or travel document will be required. A dual national may apply in either nationality.

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SET17.8 What is the definition of a degree taught in English?

The applicant will meet the language requirement if they have obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC (the National Recognition Information Centre of the UK) to meet the recognised standard of a Bachelor's degree, Masters degree or PhD 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
  • UK
  • United States of America

and provides the specified documents.

If the applicant has obtained an academic qualification (not a professional or vocational qualification) from a country not listed above, they must either:

A (1) provide the specified evidence to show he / she has the qualification, and
   (2) UK NARIC has confirmed the degree was taught or researched in English,

or

B (1) provide the specified evidence to show he/she has the qualification, and
   (2) provide evidence that the qualification was taught or researched in English

ECOs may find the English Skills section of the PBS Points Calculator helpful when deciding whether a qualification meets the criteria for the English language requirement

SET 17.8.1 What is specified evidence?

A certificate issued by the relevant institution confirming the award of the academic qualification. Provisional degree certificates are not acceptable. The certificate should show:

  • Applicant's name;
  • The title of award;
  • Date of award; and
  • The name of the awarding institution.

If the applicant no longer has the original certificate and cannot get a new one, they must submit a letter on official headed paper from the awarding academic institution with all of the above details and confirmation that the institution is unable to reissue the original certificate.

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SET17.9 Are there any exemptions?

Applicants who meet the following criteria will be exempt from the English language requirement:

  • Age 65 or over at the time of making an application
    Acceptable evidence would be proof of age in a passport or travel document.

Current list of countries where there is no test centre
 If the applicant is a long-term resident of a country with no test centre, and they are applying from that country for a visa as a partner, then they will be exempt from the requirement to have passed an English language test. The list of countries where no test centre is available is subject to change, and currently includes: 

  • Angola (2)
  • Burkina Faso (2)
  • Cape Verde (2)
  • Central African Republic (2)
  • Chad (2)
  • Comoros (1)
  • Congo (4)
  • Democratic Republic of Congo (4)
  • Equatorial Guinea (2)
  • Eritrea (4)
  • Gabon (1)
  • Guinea (3)
  • Guinea-Bissau (1)
  • Ivory Coast (3)
  • Kiribati (1)
  • Lesotho (1)
  • Liberia (3)
  • Madagascar (2)
  • Maldives (1)
  • Mali (6)
  • Rwanda (4)
  • Samoa (1)
  • Sao Tome Principe (1)
  • Seychelles (1)
  • Somalia (1)
  • Swaziland (1)
  • Togo (1)
  • Turkmenistan (6)
  • Wallis and Futuna Islands (1)

(1) These countries have been exempt for applications made from 29 November 2010
(2) These countries were added to the exemption list on 28 January 2011
(3) These countries were added to the exemption list on 10 February 2011
(4) These countries were added to the exemption list on 9 March 2011(5) These countries were added to the exemption list on 11 March 2011
(6) These countries were added to the exemption list on 8 August 2011

This exemption will be kept under review.

  • Has a physical or mental condition preventing them from meeting the requirement
     The exemption will apply only where someone has a physical or mental impairment which would prevent them from meeting the requirement. This could include an inability to learn English and / or to take a test. This is not a blanket exemption for everyone with a disability. Some people with disabilities will be capable of learning English and taking the test, however others will not.

To qualify the applicant must either:

  • be suffering from a long-term illness or disability that severely restricts mobility and ability to attend language classes; or
  • have a mental impairment which means that they are unable to learn another language.

Medical evidence must be provided by a qualified medical practitioner which specifies the disability and satisfies the ECO that the exemption is justified. Each application will be considered on its merits. 

  • Where the Secretary of State considers that there are exceptional compassionate circumstances that would prevent them from meeting the requirement
     Discretion should be exercised only in cases where there are exceptional compassionate circumstances that would prevent the applicant from meeting the requirement. These circumstances should be assessed on a case-by-case basis. The expectation is that use of the exceptional compassionate circumstances exemption will be rare. Financial reasons will not be acceptable.

SET 17.9.1 Will spouses and partners of members of armed forces have to meet the language requirement?

The language requirement will not apply to the spouses and partners of members of the armed forces applying under Part 7 of the Immigration Rules, specifically where the sponsor falls into one of the following groups:

  • is a member of the armed forces exempt from immigration control under section 8(4) of the Immigration Act 1971; or
  • is a Gurkha granted indefinite leave on discharge from the British Army; or,
  • is a foreign or Commonwealth national given indefinite leave on discharge from HM Forces; or
  • is a serving foreign or Commonwealth national who has completed 5 years service.

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SET17.10 Who may authorise an exemption?

Apart from the age exemption, all other exemptions should be authorised by an ECM. If delegated authority is not approved then cases where an exemption is requested on the basis of exceptional compelling compassionate circumstances and evidence has been submitted to demonstrate this, then the reasons for this should be referred to RCU in the usual way.

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SET17.11 Cases which are not exempt

  • Applicants who are unable to afford English tuition or the cost of a test.
  • Applicants who state they are unable to access English Language tuition or a test centre due to their geographical location (unless a test centre is not available in their country).
  • Applicants who may experience difficulty in learning English due to illiteracy or limited education.

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SET17.12 Transitional arrangements

The changes to the immigration rules take effect on 29 November 2010. However if an application has been received before this date and has not been decided by 29 November 2010, it will be decided in accordance with the rules in force at the time the application was made. This will include appeals determined after 29 November 2010 where the application was made prior to the change.

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SET17.13 Knowledge of Language and Life (KOL)

Spouses applying for indefinite leave to remain after completing their two year period of temporary residence will still need to fulfil the KOL requirement.

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