Important changes to English Language Requirement for Partners and Parents in 2017
New level A2 English Language Requirement for Partners and Parents applying to extend their existing leave under the family Immigration Rules On 18 January 2016 the former Prime Minister, David Cameron, announced the intention to introduce a new English language requirement. Partners and parents applying to extend their existing leave under the family Immigration Rules have a new A2 English language requirement. The new A2 requirement for partners and parents applying for further leave to remain under the family Immigration Rules will be introduced from 1 May 2017. The A2 requirement applies for further leave to remain on a 5-year route to settlement as a partner or parent, where their visa is due to expire on or after 1 May 2017.
The new A2 English Language Requirement does not apply to those who:
- Are a national of a majority English-speaking country
- Hold a degree taught or researched in English
- Are exempt from the requirement
- Are aged 65 or over
- Have a disability which prevents them from meeting the requirement
- Have exceptional circumstances which prevent them from being able to meet the requirement.
- Are partners of members of HM Forces
- Are partners granted leave under Part 8 of the Immigration Rules and have not yet completed the route to settlement. This is because they have not yet met the B1 English Language and life in the UK test requirements for indefinite leave to remain.
Failure to comply:
An applicant who is not exempt and fails to meet the A2 English language requirement for further leave to remain as a partner or parent under the 5-year route to settlement after 2.5 years (30 months) in the UK must either:
- • Meet the relevant requirements of Appendix FM;
- • Or demonstrate exceptional circumstances in order to be granted leave to remain here on family or private life grounds under a 10-year route to settlement.
Please note that they will still have to meet the B1 English language requirement and pass the ‘Life in the UK’ test to qualify for indefinite leave to remain after 10 years.
How Starck Uberoi can help
Our immigration department has several years of experience in dealing with indefinite leave to remain and can help you to make a successful visa application. Please view our immigration page for more information on the new A2 English requirement and for further information on making your visa application. To book an appointment please call 020 8840 6640. Our offices are based in Brentford, Ealing, Chiswick, Canterbury and London Victoria. For an appointment at any of our offices, email us at solicitor@starckuberoi.co.uk or call 0208 840 6640.
