Evidencing your English language skills to a specified level is an essential part of most immigration applications, and applying to enter or remain in the UK as a partner is no exception. Failing to prove your English language skills to the relevant level will likely lead to the refusal of your application. There are various ways to meet the English Language requirement, and certain individuals are excluded from meeting it.   

What is the English Language requirement?

Appendix FM to the Immigration Rules explains that applicants must specifically evidence their English language skills in one of three ways within their application, unless an exemption applies. The options to meet the requirement are as follows:

1.         National of a majority English speaking country:

You will be considered to have sufficiently demonstrated your English language skills if you are a national of any of the following countries:

Antigua and Barbuda

Australia

The Bahamas

Barbados

Belize

British Overseas Territories

Canada

Dominica

Grenada

Guyana

Jamaica

Malta

New Zealand

St Kitts and Nevis

St Lucia

St Vincent and the Grenadines

Trinidad and Tobago

United States of America

You simply need to provide a passport evidencing your nationality of one of the above countries.

2.         Secure English Language Test (SELT)

A Secure English Language Test (SELT) is a government approved test that enables applicants to demonstrate their English proficiency to the level required for their application. Approved tests and their providers, both inside and outside the UK, can be found here on the GOV UK website.

SELTs are used to measure an applicant’s ability in two modules: Speaking and Listening or four modules: Speaking, Listening, Reading and Writing. SELTs are also measured against the Common European Framework of Reference for Language (CEFR). The required levels range from A1 CEFR to the highest level of C2 CEFR.

For leave to remain applications as a partner, applicants must pass an SELT in speaking and listening only to a minimum level of A1 CEFR. Meeting the English language requirement for spouse visa extension is essential for ensuring the continuity of your status in the UK.

To make an application for indefinite leave to remain as a partner, applicants must pass an SELT in speaking and listening to level B1 CEFR.

Countries with no approved A1 test provision

Applicants who are resident in a country with no approved A1 English language tests are expected to travel to another country to take such a test. Only where they can demonstrate that it is not practicable or reasonable for them to do so, will they be exempt from the requirement.

3.         Academic Qualification

Applicants that have been awarded a bachelor’s or master’s degree, or a PhD, by a UK educational establishment will be deemed to have met the English language requirement. A copy of the official degree certificate or transcript would need to be provided with the application.

If the degree or PhD was awarded by an educational establishment outside of the UK, this could still be used to meet the requirement. An external body, Ecctis, must confirm that the degree was taught or researched in English to at least level A1 of the Common European Framework of Reference for Languages.

Exemptions

Applicant’s will not be expected to meet the English language requirement if on the date of the application they meet one of the following criteria:

(a)     They are aged 65 or over

Acceptable evidence of age includes a passport or travel document.

(b)     They have a disability (physical or mental condition) which prevents the applicant from meeting the requirement

This exemption will only apply where the applicant has a physical or mental condition which prevents them from learning English or taking an approved English language test.

To qualify for this exemption, applicants must submit satisfactory medical evidence from a qualified medical practitioner which explains the relevant physical or mental condition and why an exemption is justified.

(c)     There are exceptional circumstances which prevent the applicant from being able to meet the requirement prior to entry to the UK

This exemption is only applicable where there are exceptional circumstances specifically relating to the applicant’s ability to meet the English language requirement.

The applicant must demonstrate that, as a result of exceptional circumstances, they are unable to learn English before coming to the UK or it is not practicable or reasonable for them to travel to another country to take an approved English language test.

Examples of exceptional circumstances might include where the applicant:

• is a long-term resident of a country suffering armed conflict, or where there is or has been a humanitarian disaster
• has been hospitalised for several months immediately prior to the date of application
• is the full-time carer of a disabled child also applying to come to the UK
• is a long-term resident of a country with no approved A1 test provision and it is not practicable or reasonable for the applicant to travel to another country to take such a test
• is a long-term resident of a country in which the applicant faces very severe practical or logistical difficulties, which cannot reasonably be overcome, in accessing the learning resources required to acquire English language speaking and listening skills at CEFR level A1

Evidence of the nature and impact of the exceptional circumstances must be clearly provided, such as examples of previous efforts to access learning materials or to travel overseas to take an approved test and the obstacles to doing so. Lack of or limited literacy or education will not in itself be accepted as exceptional circumstances.

How can Latitude Law help?

Applying for a visa to live and work in the UK can be a long, complicated process. Our team of solicitors has vast experience in immigration law and can offer help and support at every stage of the process. Whether you need assistance with how to meet the English language requirement for UK spouse visa or need help with which test to take, Latitude Law will ensure you get the best possible chance of successfully securing a UK visa. Contact us today to make sure you get expert legal guidance.

To find out any further information about the English requirement, or what you need to obtain a partner visa, call Latitude Law today. We will discuss whether you are eligible, the steps you will need to take and will guide you through the process of applying from start to finish.

Why choose Latitude Law?

As a boutique law firm specialising in UK-inbound immigration, our experts understand the complexity and uncertainty that constantly shifting visa and residence policies create for individuals demonstrating global talent. Our lawyers can provide up-to-the-minute legal advice on how any changes will impact your application.

Thanks to our extensive knowledge of Immigration Rules, we are able to provide pragmatic advice to meet our clients’ needs. We can advise you with confidence and ensure the entire immigration procedure runs smoothly and efficiently for you.

Working with a law firm can be a big decision which is why we ensure that our clients are at the heart of everything we do. We are a highly driven team, dedicated to providing clear and reliable immigration advice.

FAQs

How long is an English language test valid?

Most SELTs certifications are valid for 2 years for the purpose of using them in an immigration application.

Can I obtain a higher level of English language?

Yes, the minimum requirement for a partner application is level A1 CEFR, but if your skills are more advanced than this, you are advised to obtain a higher qualification. It will be useful to obtain level B1 CEFR as this is the certification needed for indefinite leave to remain as a partner. You can continue to rely on a single test throughout your UK visa and residence journey, including an application for British citizenship for which level B1 CEFR (speaking and listening) is also required.

Can I use an English GCSE to meet the requirement?

Unfortunately, you cannot rely on a GCSE in English language or literature when making an application to enter or remain in the UK as a partner. This is option is available for other immigration applications, but cannot be relied upon as a partner.

Call Latitude Law today on 0300 131 6767 or fill out our enquiry form and we will get straight back to you. Let our legal experts take the uncertainty out of your partner visa application so you can start your successful journey towards residency in the UK today.