Immigration Rules Appendix KoLL

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October 8

11:52 2024

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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

2.1 An applicant for indefinite leave to enter or remain has sufficient knowledge of the English language and about life in the United Kingdom if they meet the requirements set out in paragraphs 2.2 and 2.3. They do not need to satisfy the requirements in 2.2 and 2.3 where the exceptions set out in Part 3 of this Appendix apply.
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. The British Overseas Territories
  8. Canada
  9. Dominica
  10. Grenada
  11. Guyana
  12. Jamaica
  13. New Zealand
  14. St Kitts and Nevis
  15. St Lucia
  16. St Vincent and the Grenadines
  17. Trinidad and Tobago
  18. USA
  19. Malta.
  20. or
    1. iii) the applicant has obtained an academic qualification (not a professional or vocational qualification) which either:
      1. (1) is a UK Bachelors degree, Masters degree or PhD; or
      2. (2) is deemed by Ecctis to meet the recognised standard of a Bachelors or 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; The British Overseas Territories; 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; Malta; and provides the specified documents;
2. or
  1. iv) the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by Ecctis to meet the recognised standard of a Bachelors or Masters degree or PhD in the UK, and
    1. (1) provides the specified documentary evidence to show he has the qualification, and
    2. (2) Ecctis has confirmed that the qualification was taught or researched in English; or
  2. v) Deleted
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.
or
1. (c) the on line verification system operated by an approved English language test provider, as published on the UK Visas and Immigration pages of Gov.uk, 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, 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.

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 an educational institution or other person approved for this purpose by the Secretary of State; 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

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 applicants mental or physical condition, it would be unreasonable to expect the applicant to fulfil either or both parts of that requirement.

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:
(a) Where the application for indefinite leave to enter or remain in the United Kingdom is made under:
1. (i) paragraph 196D, as a dependent partner under Appendix UK Ancestry or Appendix Representative of an Overseas Business 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, as a dependent child under Appendix UK Ancestry or Appendix Representative of an Overseas Business 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 128193 (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 Kin
  
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