Immigration Rules

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Immigration Rules Appendix KoLL

Knowledge of language and life.

Part 1 – general

  1. 1.1

Purpose

This Appendix sets out how an applicant for indefinite leave to enter or remain must demonstrate sufficient knowledge of the English language and about life in the United Kingdom where it is a requirement of the Rules to demonstrate this for the purposes of an application for indefinite leave to enter or remain. It also sets out general exemptions to the requirement on grounds of age and enables the decision maker to waive the requirement in light of special circumstances in any particular case

“Specified” in this Appendix means “specified in Part 4 of this appendix”

Part 2 - knowledge of language and life

  1. 2.1 An applicant for leave to enter or remain has sufficient knowledge of the English language and about life in the United Kingdom for the purpose of an application for indefinite leave to enter or remain made under these Rules if the requirements set out in paragraphs 2.2 and 2.3 are met unless the exceptions set out in Part 3 apply.

  2. 2.2 For the purposes of paragraph 2.1, an applicant demonstrates sufficient knowledge of the English language if:

    1. (a) the applicant has provided specified documentary evidence that:
      1. i) the applicant is a national or citizen of one of the following countries:
      2. Antigua and Barbuda
      3. Australia
      4. The Bahamas
      5. Barbados
      6. Belize
      7. Canada
      8. Dominica
      9. Grenada
      10. Guyana
      11. Jamaica
      12. New Zealand
      13. St Kitts and Nevis
      14. St Lucia
      15. St Vincent and the Grenadines
      16. Trinidad and Tobago
      17. USA.
    2. or
      1. iii) 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 or Master’s 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; the UK; the USA; and provides the specified documents;
    3. or
      1. 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 or Master’s degree or PhD in the UK, and
        1. (1) provides the specified documentary evidence to show he has the qualification, and
        2. (2) UK NARIC has confirmed that the qualification was taught or researched in English; or
      2. 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 or Master’s degree or PhD in the UK, and provides the specified evidence to show:
        1. (1) he has the qualification, and
        2. (2) that the qualification was taught or researched in English; or.
  3. or
    1. (b) the applicant-
      1. (i) has limited leave to enter or remain in the UK, and
      2. (ii) that leave (or a grant of leave which preceded it provided any periods of leave since have been unbroken) was given on the basis that the applicant had an English language qualification at a minimum level of B1 on the Common European Framework of Reference for Languages.
      3. (iii) at the date of application, the provider of that qualification continues to be approved by the Secretary of State as specified in Appendix O to these Rules.
  4. or
    1. (c) the on line verification system operated by an approved English language test provider, as specified in Appendix O to these Rules, confirms that the applicant has passed an English language test in speaking and listening, at a minimum level B1 of the Common European Framework of Reference for Languages, which is approved by the Secretary of State, as specified in Appendix O, and taken at a test centre approved by the Secretary of State as a Secure English Language Test Centre no more than two years before the date of application.
  1. 2.3 For the purposes of sub-paragraph (1), an applicant demonstrates sufficient knowledge about life in the United Kingdom if:
    1. (a) the applicant has passed the test known as the “Life in the UK test” administered by learndirect limited; or
    2. (b) in respect of an applicant who was resident in the Isle of Man, the applicant took and passed the test in the Isle of Man known as the “Life in the UK test” and which was administered by an educational institution or other person approved for that purpose by the Lieutenant Governor; or
    3. (c) in respect of an applicant who was resident in the Bailiwick of Guernsey or in the Bailiwick of Jersey, the applicant took and passed the test known as the “Citizenship Test” and which was administered by an educational institution or other person approved for that purpose by the Lieutenant Governor of Guernsey or Jersey (as the case may be).

Part 3 - exceptions

  1. 3.1 Notwithstanding any requirement to the contrary in these Rules, for the purposes of this appendix, an applicant will not be required to demonstrate sufficient knowledge of the English language and about life in the UK where:
    1. (a) the applicant is under 18 years of age at the date of his or her application, or
    2. (b) the applicant is at least 65 years of age at the date of his or her application, or
    3. (c) in all the circumstances of the case, the decision maker considers that, because of the applicant’s mental or physical condition, it would be unreasonable to expect the applicant to fulfil that requirement.
  1. 3.2 In the following circumstances an applicant will be deemed to have demonstrated sufficient knowledge of the English language and about life in the UK:
  2. (a) Where the application for indefinite leave to enter or remain in the United Kingdom is made under:
    1. (i) paragraph 196D and the applicant has had, as at the day on which the application is made, continuous leave to enter or remain in the United Kingdom for at least 15 years as the spouse or civil partner of a person who has or has had leave to enter or remain under paragraphs 128-193 (but not paragraphs 135I -135K), or
    2. (ii) paragraph 199 and the applicant has had, as at the day on which the application was made, continuous leave to enter or remain in the United Kingdom for at least 15 years as the child of a person who has or has had leave to enter or remain in the United Kingdom under paragraphs 128–193 (but not paragraphs 135l-135K), or
    3. (iii) paragraph 248D and the applicant has had, as at the day on which the application was made, continuous leave to enter or remain in the United Kingdom for at least 15 years as a person exercising rights of access to a child resident in the United Kingdom and that child is under the age of 18 at the day on which the applicant’s application for indefinite leave is made under paragraph 248D, or
    4. (iv) paragraph 273D and the applicant has had, as at the day on which the application is made, continuous leave to enter or remain in the United Kingdom for at least 15 years as a spouse or civil partner of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means, or
    5. (v) paragraph 275A and the applicant has had, as at the day on which the application was made, continuous leave to enter or remain in the United Kingdom for at least 15 years as the child of a person who has or has had leave to enter or remain in the United Kingdom as a retired person of independent means, or
    6. (vi) paragraph 287 and the applicant has had, as at the day on which the application is made, continuous leave to enter or remain in the United Kingdom for at least 15 years under paragraph 281 or paragraph 284,
  3. or
    1. (vii) paragraph 295G and the applicant has had, as at the day on which the application is made, continuous leave to enter or remain in the United Kingdom for at least 15 years under paragraph 295B or paragraph 295D, or
    2. (viii) paragraph 298 and the applicant has had, as at the day on which the application is made, continuous leave to enter or remain in the United Kingdom for at least 15 years under paragraph 302 or Appendix FM or paragraph 319R or paragraph 319X, or
    3. (ix) paragraph 319E and the applicant has had, as at the day on which the application is made, continuous leave to enter or remain in the United Kingdom for at least 15 years as the partner of a relevant points based system migrant
    4. (x) paragraph 319J and the applicant has had, as at the day on which the application is made, continuous leave to enter or remain in the United Kingdom for at least 15 years as the child of a relevant points based system migrant
    5. (xi) section E-ILRP of Appendix FM and the applicant has had, as at the day on which the application is made, continuous leave to enter or remain in the United Kingdom for at least 15 years on the day on which the application is made as a partner (except where leave is as a fiancé or proposed civil partner) under section D-LTRP of Appendix FM; or
    6. (xii) section E-ILRPT of Appendix FM and the applicant has had, as at the day on which the application is made, continuous leave to enter or remain in the United Kingdom for at least 15 years on the day on which the application is made as a parent under section D-ILRPT of Appendix FM, or
    7. (xiii) paragraph 25 or 31 of Appendix Armed Forces and the applicant has completed, on the date on which the application is made, a continuous period of leave to enter or remain in the United Kingdom of at least 15 years as the partner of a member of HM Forces under that Appendix, or
    8. (xiv) paragraph 45 or 49 of Appendix Armed Forces and the applicant has completed, on the date on which the application is made, a continuous period of leave to enter or remain in the United Kingdom of at least 15 years as the child of a member of HM Forces under that Appendix,and
  4. (b)(i) the applicant has provided specified documentary evidence of an English language speaking and listening qualification at A2 CEFR or ESOL entry level 2 or Scottish Credit and Qualification Framework level 3; or
    1. (ii) where paragraph 39C(c) of these Rules applies, the on-line verification system operated by an approved English language test provider, as specified in Appendix O to these Rules, confirms that the applicant has passed an English language test in speaking and listening, at a minimum level A2 of the Common European Framework of Reference for Languages, which is approved by the Secretary of State, as specified in Appendix O, and taken at a test centre approved by the Secretary of State as a Secure English Language Test Centre no more than two years before the date of application.
  1. and
    1. (c) the applicant has provided specified documentary evidence from a qualified English language teacher that the applicant has made efforts to learn English but does not yet have sufficient knowledge of the English language to pass a qualification at B1 CEFR.
  2. and
    1. (d) the applicant is not a national or a citizen of one of the following countries:
      1. Antigua and Barbuda
      2. Australia
      3. The Bahamas
      4. Barbados
      5. Belize
      6. Canada
      7. Dominica
      8. Grenada
      9. Guyana
      10. Jamaica
      11. New Zealand
      12. St Kitts and Nevis
      13. St Lucia
      14. St Vincent and the Grenadines
      15. Trinidad and Tobago
      16. USA
  1. 3.3 Where paragraph 39C(c) of these Rules applies, subject to paragraph 3.2 of this Appendix, an applicant demonstrates sufficient knowledge of the English language and about life in the UK where:
    1. (i) in cases where the applicant failed to satisfy paragraph 2.2 of this Appendix, the on-line verification system operated by an approved English language test provider, as specified in Appendix O to these Rules, confirms that the applicant has passed an English language test in speaking and listening, at a minimum level B1 of the Common European Framework of Reference for Languages, which is approved by the Secretary of State, as specified in Appendix O, and taken at a test centre approved by the Secretary of State as a Secure English Language Test Centre no more than two years before the date of application; or
    2. (ii) in cases where the applicant failed to satisfy paragraph 2.3 of this Appendix, he or she has provided specified evidence that he or she has passed the test known as the “Life in the UK test” administered by learndirect limited under arrangements approved by the decision-maker or
    3. (iii) in cases where the applicant failed to satisfy paragraphs 2.2 and 2.3 of this Appendix, the requirements set out in sub-paragraphs (i) and (ii) are met.

Part 4 - specified documents

  1. 4.1 Where these Rules require an applicant to demonstrate sufficient knowledge of the English language and of life in the United Kingdom, the applicant must supply the documents or information specified in paragraphs 4.6 to 4.14 below.
  1. 4.2 The decision maker will only consider evidence submitted after the date on which an application is made where the circumstances in paragraph 39(C)(c) of these Rules or paragraphs 4.3 or .4.6 of the Appendix apply.
  1. 4.3 Where an applicant has submitted:
    1. (i) a document in the wrong format (for example, if a letter is not on letterhead paper as specified); or
    2. (ii) a document that is a copy and not an original document, or
    3. (iii) a document which does not contain all of the specified information, *or
    4. (iv) fails to submit a specified document,
    5. the decision-maker may contact the applicant or his or her representative (in writing or otherwise), and request the document or the correct version of the document. The document must be received by the Home Office at the address specified in the request within such timescale (which will not be unreasonable) as is specified.
  1. 4.4 A decision-maker may decide not to request a document under paragraph 4.3 where he or she does not anticipate that the supply of that document will lead to a grant of leave to enter or remain in the United Kingdom because the application may be refused for other reasons.
  2. 4.5 Without prejudice to the decision maker’s discretion under paragraph 4.2 and also his or her right in all cases to request the original or specified document and refuse an application in circumstances in which they are not provided, where an applicant submits a specified document:
    1. (i) in the wrong format, or
    2. (ii) which is a copy and not an original document, or
    3. (iii) which does not contain all of the specified information but the missing information is verifiable from,
      1. (aa) other documents submitted with the application,
      2. (bb) the website of the organisation which issued the document,
    4. or
      1. (cc) the website of the appropriate regulatory body;
    5. the application for leave to enter or remain in the United Kingdom may be granted exceptionally providing the decision-maker is satisfied that the specified documents are genuine and that the applicant meets all the other requirements.
  1. 4.6 Where the decision-maker is satisfied that there is a valid reason why a document has not been and cannot be supplied, (for example, because the document has been permanently lost or destroyed), he or she may waive the requirement for the document to be provided or may instead request alternative or additional evidence (which may include confirmation of evidence from the organisation which issued the original document).
  1. 4.7 The information specified for the purposes of paragraph 2.2(c) of this Appendix is the unique reference number assigned by the provider to the English language test taken by the applicant.
  1. 4.8 Subject to paragraphs 4.9 and 4.10 the documentary evidence specified for the purposes of paragraph 2.2 of this Appendix as showing that a person is a national or a citizen of one of the countries listed in paragraph 2.2 is a valid passport or travel document which satisfactorily establishes the applicant’s nationality.
  1. 4.9 If the applicant cannot provide their passport or travel document other evidence of nationality of the type described in paragraph 4.10 may exceptionally be supplied in the following circumstances (the reason for which must be indicated by the applicant on their application form), where:
    1. (a) the applicant’s passport has been lost or stolen, or
    2. (b) the applicant’s passport has expired and has been returned to the relevant authorities, or
    3. (c) the applicant’s passport is with another part of the Home Office.
  1. 4.10 Where paragraph 4.9 applies, the alternative evidence specified for the purposes of establishing the applicant’s nationality is:
    1. (a) a valid national identity document; or
    2. (b) an original letter from the applicant’s Home Government or Embassy confirming the applicant’s full name, date of birth and nationality.
  1. 4.11. The evidence specified for the purposes of paragraph 2.2(a)(iii) to 2.2(a)(v) (academic qualification recognised by UK NARIC) is:
    1. (a) a certificate issued by the relevant institution confirming the award of the academic qualification and showing:
      1. (i) the applicant’s name,
      2. (ii) the title of the award,
      3. (iii) the date of the award,
      4. (iv) the name of the awarding institution, and,
      5. (v) for paragraph 2.2(a)(iii) that the qualification was taught in English
    2. or,
    3. (b) where an applicant has not, at the date of application, formally graduated or no longer has his or her certificate and is unable to obtain a duplicate certificate:
      1. (i) an original academic reference from the institution awarding the academic qualification that:
        1. (aa) is on official letter headed paper,
        2. (bb) shows the applicant’s name,
        3. (cc) shows the title of the award,
        4. (dd) confirms that the qualification was taught in English,
        5. (ee) states when the academic qualification was (or as the case may be, will be) awarded,
      2. and
        1. (ff) confirms that the institution is unable to issue a duplicate certificate of award or (as the case may be in respect of an applicant who has not yet graduated) the date on which the certificate will be issued.
      3. or
      4. (ii) an original academic transcript that;
        1. (aa) is on official letter headed paper,
        2. (bb) shows the applicant’s name,
        3. (cc) shows the name of the academic institution,
        4. (dd) shows the course title,
        5. (ee) confirms that the qualification was taught in English, and,
        6. (ff) confirms the award given.
  1. 4.12 In the absence of any evidence to the contrary, a qualification obtained in one of the following countries will be assumed for the purposes of this Appendix to have been taught in English: 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 or the USA.
  1. 4.13 The information or evidence specified for the purposes of paragraph 3.2(b)(i) (evidence of English language speaking and listening) is:
    1. (a) the unique reference number assigned by the provider to the English language test taken by the applicant; or
    2. (b) a certificate or other document issued by an awarding organisation that is recognised either by Ofqual, the Welsh Government, or CCEA that:
      1. (i) is issued in England, Wales or Northern Ireland in respect of a qualification listed as an ESOL qualification in the OFQUAL Register of Regulated Qualifications, and
      2. (ii) shows that the level of speaking and listening skills attained by the applicant met ESOL entry level 2; or
    3. (c) a certificate that:
      1. (i) is issued in Scotland in respect of a National Qualification in English for Speakers of Other Languages awarded by the Scottish Qualifications Authority, and
      2. (ii) shows that the level of speaking and listening skills attained by the applicant met Scottish Credit and Qualifications Framework level 3.”
  1. 4.13A The information specified for the purposes of paragraph 3.2(b)(ii) (evidence of English language speaking and listening) is the unique reference number assigned by the provider to the English language test taken by the applicant.
  1. 4.14 a) The evidence specified for the purposes of paragraph 3,2(c) (evidence from qualified English teacher) is a letter from the teacher which is signed by him or her and dated no more than 3 months before the date on which the application for indefinite leave to remain is made and which includes the following information:
    1. (i) the applicant’s name,
    2. (ii) confirmation that the applicant has attended an English language class taught by that teacher for at least 75 guided learning hours and which was taught during the period of 12 months immediately preceding the date on which the application for indefinite leave to remain was made,
    3. (iii) confirmation that the teacher has assessed that the speaking and listening level attained by the applicant is not at B1 level or above,
    4. (iv) confirmation that the applicant is considered unlikely to attain B1 level through further study
    5. (v) confirmation of the teacher’s qualifications as an English language teacher within the meaning of this Appendix.
  2. (b) For the purposes of paragraph (a)(ii) “guided learning hours” means the time during which a person is taught or given instruction and does not include any time spent on unsupervised preparation or study.
  1. 4.15 The documentary evidence specified for the purposes of paragraph 2.3 of this Appendix is:
    1. (a) a pass notification letter issued by learndirect limited in respect of the test known as the “Life in the UK test”,
  2. or
    1. (b) where the “Life in the UK test” was taken and passed in the Isle of Man, a pass certificate in respect of the test issued by the relevant educational institution or other person approved for that purpose by the Lieutenant Governor, or
    2. (c) where the “Citizenship test” was taken in the Bailiwick of Guernsey or, as the case may be, in the Bailiwick of Jersey, a pass certificate issued by the relevant educational institution or other person approved for that purpose by the Lieutenant Governor of Guernsey or Jersey (as the case may be).
  1. 4.16 The information specified for the purposes of paragraph 3.3(i) of this Appendix (evidence of English language speaking and listening) is the unique reference number assigned by the provider to the English language test taken by the applicant.
  1. 4.17 The evidence specified for the purposes of paragraph 3.3(ii) of this Appendix (evidence of knowledge about life in the UK) is the same as that specified at paragraph 4.15(a) of this Appendix.

Part 5 - interpretation

  1. 5.1 For the purposes of this Appendix “decision maker” means an Entry Clearance Officer or the Secretary of State.
  1. 5.2 For the purposes of this Appendix, “qualified English language teacher” means a person who holds a qualification in teaching English as a foreign language or in teaching English to speakers of other languages which was awarded by an awarding organisation regulated by OFQUAL or the Welsh Government or the CCEA or the Scottish Qualification Authority.