Briefings

Immigration: Indefinite Leave to Remain and Life in the UK Tests

• From the 2 April 2007, any adult aged 18-65 who applies for Indefinite Leave to Remain in the UK will be subject to the new requirement to demonstrate sufficient knowledge of the English language and life in the UK. This requirement can be met by either: -
  (a) Those applicants who have English language ability at ESOL Entry 3 level or greater should take the Life in the UK test (at a cost of £34);
  (b) If an applicant's English language ability is not sufficient to read and understand the life in the UK test, he/she will have to successfully complete a special course that will cover both English language tuition as well as knowledge about life in the UK.
• All adults aged 18-65 will have to meet the above requirements, which will also include spouses and partners of those on work permit/HSMP/ancestry/etc. dependent visas.
• In the case of dependants, it is important to note that the principal applicant must fulfil the new requirements for any of his/her dependants to receive ILR. For example, if a work permit holder's dependant spouse successfully passes the Life in the UK test but the work permit holder him/herself does not (and does not complete the ESOL/citizenship course), neither the work permit holder or his/her spouse (or any of their children) will receive ILR.
• Minor children are exempt, but children who are 18 or over at the time that they are eligible for ILR will be subject to the new rules. Those who are physically or mentally unable to meet the language & life in the UK requirement will also be exempt.
• Also please note that if an applicant passes the test for ILR purposes, he/she will not have to take it again when making an application for British citizenship.
• A "Life in the UK" Test can be undertaken by calling 0800 771234, following the prompts and speaking to an operator who will connect you to the test centre nearest to you. More information can be obtained via the "Life in the UK" website by clicking here. The website will also provide you with details of the nearest test centre to you.
  

IMPORTANT: This briefing note is only intended as a general statement of the law and no action should be taken in reliance on it without specific legal advice. Release Date: 28 March 2007