In the past, I think the KoLL Guidance was clearer.
Unfortunately, the
introduction of Appendix
KOL UK,
This Appendix sets out how the Knowledge of Life in the UK requirement is met by a person applying for settlement.
It applies only to applications under Appendix
Student, Appendix
Skilled Worker, Appendix
Representatives of an Overseas Business, Appendix
T2 Minister of Religion, Appendix
T2 Sportsperson, Appendix
UK Ancestry, Appendix
Global Talent, Appendix
Innovator, Appendix
T5 (Temporary Worker) International Agreement Worker, Appendix
Domestic Worker in a Private Household, and Appendix
Hong Kong British National (Overseas).
Applications for settlement under other routes must continue to apply Appendix
KOLL.
muddled the reuse of a successful English language qualification for ILR for the purposes of Naturalisation. Moreover, Appendix Student, which does not lead to settlement, has neither KoLL nor KOL UK requirements.
The current KoLL Guidance has a confusing
update:
A person applying after 1 December 2020 for settlement on the Skilled Worker, Representatives of an Overseas Business, T2 Minister of Religion, T2 Sportsperson, UK Ancestry, Global Talent, Innovator, T5 (Temporary Worker) International Agreement Workers who are private servants in a diplomatic household, or Hong Kong British National (Overseas) routes can also
meet the English Language requirement for settlement if they:
- have previously shown they meet the required level in a successful application
For guidance on the considering the English requirement for these routes you should see Assessing the English Language requirement guidance for these routes.
A person who successfully made an indefinite leave to remain (ILR) application on the basis of a B1 level qualification can meet the English language requirement for naturalisation without needing to pass another qualification, but will be required to pass the Life in the UK test if they have not already done so.
A problem is that
some main applicant’s settlement rules with the KOL UK requirement actually currently exclude an English language requirement, i.e.
Skilled worker, T2 Minister of Religion and Innovator. Therefore, if there wasn’t an English language requirement for ILR, then both applicants and caseworkers may be very confused with reusing an expired English Language qualification for the purposes of Naturalisation.
We also seem to have anomalies with the current rules and Guidance. For example, ILR holders who had obtained ILR via Tier 2 (General), may also reuse the an expired English language qualification for Naturalisation. However, a Skilled worker apparently cannot reuse an expired English qualification for ILR for the purposes of Naturalisation if there was no English Language requirement for ILR. Moreover, a Skilled workers’s adult dependants may reuse expired English language qualifications for ILR for the purposes of Naturalisation.
Another question is if KOL UK was supposed to go hand in hand with Appendix English, then why introduce Appendix KOL UK when there is Appendix KoLL?
