The Government's view is that if a person wishes to make the UK their permanent home and to become a British citizen it is reasonable to expect them to show, amongst other things, that they are committed to learning English and have an understanding of British history, culture and traditions. As such, the Knowledge of Language and Life ("KOLL") requirement was introduced as a statutory requirement for citizenship applications in 2005 and in 2007 this requirement was extended to those applying for Indefinite Leave to Remain ("ILR") in the UK, also known as settlement or permanent residence.
Under current provisions, the KOLL requirement can currently be demonstrated either by taking a test, or by obtaining an English for Speakers of Other Languages ("ESOL") qualification. This will change on 28 October 2013. From 28 October 2013, unless they are exempt, all applicants for settlement or naturalisation as a British citizen (whether the main applicant or a dependant) will need to meet the KOLL requirement by:
- passing the Life in the UK test; AND
- having a speaking and listening qualification in English at B1 CEFR or higher, or its equivalent.
The Life in the UK test is a computer-based, multiple choice test. There will be no changes made to the Life in the UK test. It will continue to be available through the network of test centres operated by learndirect on behalf of the Home Office. Since 25 March 2013, the test has been based on the official handbook "Life in the United Kingdom: A Guide for New Residents".
Applicants automatically achieve the English standard requirement if they are a national of a majority English speaking country (such as Barbados, Canada, Guyana, New Zealand and USA); or passed an English language qualification such as SELT or ESOL; or have obtained a degree taught in English.
As all applicants must now pass both the Life in the UK Test and satisfy the English language requirements, the Home Office recognises that this might be challenging for some (for example, dependants of PBS migrants who never had to demonstrate this before) and therefore transitional measures will be introduced. Specific migrants will be able to apply for a further period of limited leave (subject to continuing to meet the other relevant Immigration Rules in their category) to enable them to meet the requirement if they have not yet done so.
For more information, please contact Lynn McCloghry.