What is the English Language Requirement

For most UK visa categories the main applicant must submit evidence to the Home Office to confirm that they have a certain level of English language ability.

Each visa route will specify the level of English language that is required for a visa, and also for settlement – if applicable. The requirement for each route is set out in the rules for the relevant routes and how it is met is set out in Appendix English Language of the Immigration Rules.

Does everyone have to demonstrate English language?

There are a few visa categories that do not impose any language requirements, including:

• Investor;
• Intra-Company Transfer;
• Student (Child);
• T5 Youth Mobility Scheme;
• T5 Temporary Worker; and
• Visit visas

Is anyone exempt from proving English Language ability?

An individual applying to settle in the UK (Indefinite Leave to Remain or Naturalisation/Registration) will be exempt from meeting the English Language requirement, provided that at the date of the application:

• The individual is aged 65 or over; or
• The individual is aged under 18; or
• The individual has a long-term physical or mental condition which prohibits them from satisfying the English language requirement may also be exempt but will be required to submit evidence to confirm their condition.

Does anyone meet the requirement automatically?

If the applicant is a national of a majority English speaking country, they will automatically meet the English Language requirement, provided that they can evidence that they are a national of any of the following countries:

• Antigua and Barbuda
• Australia
• The Bahamas
• Barbados
• Belize
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• Malta
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• United States of America

Do dependents need to prove that they can speak English?

Dependants do not need to prove English language ability when applying for a visa to enter the UK, or to extend their stay. However, they will need to prove that they can speak English to a certain level if they apply for settlement in the UK.

The age exemptions also apply as for the main applicant, so children under the age of 18, and adults aged over 65, do not need to evidence their language ability.

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.

©Gherson 2022