English Language and ILE

I am a British citizen married for more than 4 years to my non-EU spouse who will be applying for settlement early next year. We live outside the UK. The rules in this case require inter alia "sufficient knowledge of language and life in the UK" in order to qualify for ILE.

Am I correct in thinking that it will be sufficent for her to take the KOL test (on a visit to the UK), or does she also need to take a separate English Language test? She is fluent in English, but taking the test is another expense and trouble.

I am aware of the consultation proposals to remove this route.

Many thanks indeed

Just the life in the UK test is fine if she is applying for ILE

Perhaps also A1.

Well, that's the million dollar question. The rules around ILE and 4 year spouses still refer to "knowledge of language and life" (only) - they were not amended after the new language rules - so presumablyt still apply? The FAQs of the langauage test only refer to the normal situation:

"Spouses applying for indefinite leave to remain after completing their two-year period of temporary residence will also still need to fulfil the knowledge of life and language in the UK requirement (KOL)".

Does anyone have a definite answer, I wonder?

And I just came accross this in the colsultation document:

Management information indicates
that 81 per cent of all migrants granted
settlement between 1 January 2009 and 31
December 2010 presented a Life in the UK
test certificate, which is equivalent to level
B1 of the Common European Framework
of Reference,

If that is the case, why have a separate A1 requirement (even if it might involve different skills)?

markusha wrote:Well, that's the million dollar question. The rules around ILE and 4 year spouses still refer to "knowledge of language and life" (only) - they were not amended after the new language rules - so presumablyt still apply? The FAQs of the langauage test only refer to the normal situation:

"Spouses applying for indefinite leave to remain after completing their two-year period of temporary residence will also still need to fulfil the knowledge of life and language in the UK requirement (KOL)".

Does anyone have a definite answer, I wonder?

The answer is in the rules themselves. If the applicant meets the requirements for ILE then they do not also need to meet the A1 English language requirement

282. A person seeking leave to enter the United Kingdom as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement may:

(a) in the case of a person who meets the requirements of paragraph 281(i)(a)(i) and one of the requirements of paragraph 281(i)(a)(ii) - (vi) be admitted for an initial period not exceeding 27 months, or
(b) in the case of a person who meets all of the requirements in paragraph 281(i)(b), be granted indefinite leave to enter, or

Well spotted!

Thank you. The key words in the rules ((b)(ii)) are

"the applicant has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom"

What you are saying, I think is that the above words are the same as

"knowledge of life and language in the UK requirement (KOL)",

the term used elsewhere by the agency. I am just wary that, by using different language, some different test of English is applied.

Or am I just being over-suspicious/cynical?

Many thanks

Cynical but who can blame you.

See 33B-33F

Thanks - the crucial "or" is there.