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Prove your knowledge of English for citizenship and settling

Posted: Fri Jan 14, 2022 7:18 pm
by spartan1234
Hi Friends
I came here with my wife and 2 boys in 2015, got my ILR in June 2020. Now my sons are 18 and 15. While filling up the Naturalization forms for myself and my family, one of the questions it asks for my 18 year old son is --
Do you have a degree that was taught in English? --> obviously NO as he is just 18

Have you passed an approved English language test? --> NO, since during the ILR he was only 16 and hence exempt

As per below website
https://www.gov.uk/english-language/exemptions

Exemptions if you’re applying to settle
You do not need to prove your knowledge of English if you’re applying as:
=== an adult dependent relative between 18 and 64 of someone who is present and settled in the UK, is a refugee or has humanitarian protection ==

SInce my son, is my dependent and aged 18 and I am present and settled (ILR) in the UK, then he would be exempt from proving knowledge of english ...

IS THAT RIGHT ?

Any inputs from anyone who did a Naturalization application for their family with a son aged 18 would be helpful.

Thanks

Re: Prove your knowledge of English for citizenship and settling

Posted: Fri Jan 14, 2022 7:30 pm
by CR001
You are misinterpreting this. He was exempt for ILR as he was under 18. This doesnt automaitcally make him exempt for citizenship if he is over 18. The adult depensnt relative is a specific visa route category, which is not relevant to your son.

As he is 18, he has to apply in his own right and meet the English B1 and LIUK test requirements. He is not exempt.

Ther is no concept of "dependents" for citizenship. Each applicant must meet the requirements individually.

Re: Prove your knowledge of English for citizenship and settling

Posted: Sat Jan 15, 2022 11:00 pm
by secret.simon
Naturalisation and registration of children as a British citizen are not a part of the immigration process, which end at ILR.

Even if somebody is exempt from some requirements at the time of acquiring ILR, it is possible that they may need to meet those requirements at the time of naturalising. For instance, EEA citizens and their family members do not need to meet the English language test or LITUK test requirements at the time of acquiring Settled Status, but they still need to meet those requirements if they are naturalising.

You can clearly see on the page you have linked to above that the exemption that you are claiming is listed under "Exemptions if you’re applying to settle", i.e. exemptions to those tests for ILR applications.

The same page clearly states that "There are no other exemptions (apart from age or mental disability or exempt nationalities) if you’re applying to become a British citizen. You must have a relevant English language qualification even if you were exempt when you were granted settlement."

As your son is past his 18th birthday, he needs to meet the same requirements for naturalisation as you (absences, physical presence, English language test, LITUK test results, etc). He is an adult for the purposes of nationality law and needs to meet all the same requirements as any adult applicant.