English language requirement for Immigration Applications

Passing the English Language requirement is mandatory for certain visa types.

In most cases, this requirement can be met by one of the following ways:

1. The applicant is a citizen of a majority English-speaking country, in which case the requirement is automatically satisfied upon production of a passport issued by a qualifying country;
2. The applicant holds an academic qualification deemed equivalent to a UK Bachelor’s degree or higher where the language of instruction was English; or
3. The applicant has sat and passed a Home Office approved English language test, to the required level.

Many people choose to satisfy this requirement by way of the English language test, however, it is crucial that the test you take meets the specific requirements of the Immigration Rules.

We set out a general guide to the English language requirement below.

What level of English language knowledge do I need?

If relying on an English language test to meet the English language requirement, you will need to ensure that you take the requisite Home Office approved test at an approved test centre, pass the test with a score of at least the minimum level required for the immigration category under which you are applying, in each component of the test, where all components of the test are taken in one sitting.

Approved Home Office English Language tests can be sat at a range of levels, from A1 (beginner) to C2 (mastery). The level of difficulty that your English Language test requires will depend on the visa category under which you are applying, so you should be sure to check carefully that your selected test meets your particular visa requirements. If you are unsure about the level you are required to satisfy, please contact us for advice.

Where can I go to take the English Language test?

The Home Office will only accept test results from one of its approved providers. As such, there are a limited number of test centres in the UK and overseas that can issue Home Office approved certificates that will satisfy the English Language requirement of your visa application.

Unfortunately, if you rely on a test from an unapproved test provider to satisfy the English Language requirement in your visa application, it is likely that your application will be refused. If you are unsure what provider to use to take your English Language test, please contact us for advice.

Can my previous English Language test be used for my next visa application?

It is important to note that in some circumstances, when you apply to extend or switch your leave in the UK, you may require a greater level of understanding of the English Language. In such cases, you may not be able to re-use the test you previously took in your new application, and you may need to take a test at a more advanced level. For example, you should take particular care checking the level of English Language you are required to have when you apply for Indefinite Leave to Remain.

You may wish to consider looking ahead to your next step towards settlement and take a more advanced test than required for your present application, in order to avoid taking a second test further down the line.

Additionally, you should check whether your test is still valid if either a) a long period of time has passed between you passing the test, and your new application for leave to the Home Office; or b) your previous test provider is no longer on the Home Office’s list of approved test providers.

Is there anything else I should consider in relation to my English Language test?

Finally, in certain circumstances, an applicant may be exempt from having to satisfy the English language requirement, for example, where the applicant is aged 65 years or over, has a disability which prevents them from meeting the requirement, or there are other exceptional circumstances.

How Gherson can assist

Gherson has extensive experience in all aspects of UK immigration law. If you have any queries relating to the blogs published or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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