Knowledge of language and life in the United Kingdom

[jsearl_98]

In the BIA guidance regarding the above it states you are exempt from the requirement if you are applying for permanent residence (ILR?) as the husband, wife, civil partner, or unmarried or same-sex partner of a British citizen. However form SET(M) makes no reference to this exemption.

How is it claimed?

[sakura]

In the BIA guidance regarding the above it states you are exempt from the requirement if you are applying for permanent residence (ILR?) as the husband, wife, civil partner, or unmarried or same-gender partner of a British citizen. However form SET(M) makes no reference to this exemption.

How is it claimed?

Everyone needs to proove knowledge of life in the UK for ILR unless they;

1. are under 18
2. are over 65
3. are unable to proove their knowledge based on certain physical or mental disabilities

You do not need to take the test if you successfully pass certain levels of the ESOL+Citizenship classes.

What is your current situation?

[jsearl_98]

If you also look in section 5 of the BIA document NEW REQUIREMENTS FOR SETTLEMENT APPLICATIONS FROM 2 APRIL 2007, this also states in the 7th dot point that there is an exemption for spouses of British Citezens as follows:

5. Is anyone exempt?
Applicants aged under 18 or 65 and over are exempt
Applicants who have significant physical and/ or mental health condition(s) or
incapacity may be exempt if their condition would prevent them from studying
for or taking the knowledge of life test, or from studying for an ESOL
qualification. Exemption on these grounds will only be given in exceptional
cases.
In addition people applying for indefinite leave to remain (settlement) in the
following categories will not have to meet the knowledge of language and life
requirement:
• Applicants who qualify for ILR under the domestic violence provisions
of the rules.
• Foreign and commonwealth citizens on discharge from HM Forces
(including Ghurkas where the qualifying period has been met)
• Spouses of foreign and commonwealth citizens on discharge from HM
Forces (including Ghurkhas)
• Bereaved Spouses/Bereaved Unmarried Partners/Bereaved Civil
Partners
• Parents/Grandparents/Other Dependant Relatives - applications made
under Paragraph 317 of the Immigration Rules.
• Retired Persons of Independent Means.
• Spouses/ Civil Partners/ unmarried / same sex Partners of British
citizens or persons settled in the UK who are permanent members of
HM Diplomatic Service; staff members of the British Council on a tour
of duty abroad; and staff members of the Department for International
Development
• European Nationals making an application under the FMOP provisions
(not Immigration Rules based)
• Turkish ECAA nationals.
People in these additional categories will, however, have to meet the
knowledge of English and UK life requirements if they apply for citizenship,
unless they then qualify for exemption on age, physical or mental health or
incapacity grounds.

[sakura]

The key point being

Spouses/ Civil Partners/ unmarried / same gender Partners of British citizens or persons settled in the UK who are permanent members of HM Diplomatic Service; staff members of the British Council on a tour
of duty abroad; and staff members of the Department for International
Development

Do you fit this requirement? If so, you would probably need to show proof of employment and mention the section under which your exemption falls, in order to qualify.

[jsearl_98]

You miss the point the OR means you are exempt if you are the Spouse/ Civil Partner/ unmarried / same gender Partners of a British citizen OR you are exempt if you are a spouse etc. of persons settled in the UK who are permanent members of HM Diplomatic Service; staff members of the British Council on a tour of duty abroad; and staff members of the Department for International Development.

It is referring to two distinct categories of persons i.e British Citezens and others.

[yankeegirl]

It is poorly worded. It could be interpreted as you have, or it could be interpreted as: partners of a British citizen who is a department member of HM Diplomatic service etc, OR partner of a person settled in the UK (ie ILR/PR holder) who is a member of HM diplomatic service etc.

The fact is though that if you are married to a British citizen who is not in one of the categories listed, you will have to take the test in order to get ILR. I've seen on other boards where applicants didn't take the test (especially when the requirement was new) and were refused ILR.

[jsearl_98]

I see where you are coming from on that Yankee girl. I have to say I agree now with your interpretation.

My wife and I are in a dilema. She already has ILR in the UK but I am currently working in the US and she is with me. In July of this year we will have been out of the UK for two years (apart from two- two week vacations). I am due to stay here until December 09 and strictly speaking, if I do, my wife will have to apply for entry clearance as a returning resident so as to enter the UK. Apart from not really wanting to go thru' the stress of worrying for the next 18 months if she will be given leave or not, I am concerned that she will loose her ILR and we will have to go thru' the whole process again. The one crumb of comfort I had was that if we did have to go thru' that process again, as a spouse of a British Citezen she wouldnt bhave to satisfy the language requirements. That one crumb has now been blown away! Looks like I will have to resign and go back to UK.

[yankeegirl]

How long have you been married? If married for at least 4 years, your wife could arrange to take the Life in the UK test in the UK, and then once you are ready to return permanently, she could apply for ILE (Indefinite leave to Enter) from the US, which is essentially ILR.

Try checking out www.uk-yankee.com There are a couple of posters on there that have been in similar situations. One poster recently flew over just for the day to take the test!

[jsearl_98]

Thanks Yankee girl - we have been married almost 9 years.

After July 08 she will need entry clearance as a returning resident - even, presumably to take the test.

If she gets it, then there is no problem - we just resume our residency in the UK and she can take the tests at her leisure. Its what happens if she doesent get leave to enter - then she cannot even get to the UK to begin on the course you have suggested.

I am going to make new post asking if she can reset her two year abscence clock to zero by returning to the UK before July 08 and staying there as a resident for say three months and then re-joining me here.

[sakura]

yankeegirl, I thought ILE would be given if married for four years outside the UK?

His wife could apply as a returning resident, as vinny points out: http://www.immigrationboards.com/viewtopic.php?t=24312

In regards the life in the UK/language requirement, it would be rather silly for all spouses/partners to be exempt, since they make up one of the largest bulk of people applying for residency in the UK.