English test required for non-EU immigrant spouses

What does it mean?

Government ministers have brought forward measures that require all non-EU immigrants who partner UK citizens to have a suitable command of English before being granted visas to live there. The original plans had the reform dated to July 2011, but the new Government has brought these forward to autumn this year. The changes to the system are to promote integration into UK society and break down barriers between established UK residents and new immigrants.

The laws will affect applicants applying based on their relationship to a UK citizen or settled person. The following categories are affected:

•    Husband or wife
•    Civil Partner
•    Unmarried Partner
•    Same-sex Partner
•    Fiance/e

The person who applies under these will need to prove they have a basic command of English before they can complete the move. Anybody currently living in the UK who has been granted a visa will not be affected by the new laws.

Why the change?

Home Secretary had the following to say regarding the changes, 'I believe being able to speak English should be a prerequisite for anyone who wants to settle here. The new English requirement for spouses will help promote integration, remove cultural barriers and protect public services. It is a privilege to come to the UK, and that is why I am committed to raising the bar for migrants and ensuring that those who benefit from being in Britain contribute to our society.’

Current law states that visa applicants only have to show that they can financially support themselves and that their partnership is genuine. Between January and December 2009, 38,000 people were granted a visa from outside the EU based on their partnership to a UK citizen and 21,000 were granted settlement rights. According to the most recent figures released by the Office for National Statistics, over half a million people moved to the UK between September 2008 and September 2009.

The Government believes this new law will cut applications by up to 6,000 applications a year, a 10% decline on the previous year.

What can be done?

The best advice to anybody thinking of applying is to do it sooner rather than later. Once the new law is in action, the English test becomes a compulsory exercise and all non-EU applicants will need to take it. Any applications accepted before the date can evade the new system and be granted a visa under the current more liberal system. Government officials claim applicants after autumn 2010 will need to form basic level questions, introduce themselves to others and write simple messages.

To gain this level of understanding of the English language it is believed an average of fifty hours is required. Potential applicants who can’t apply before the new reforms are recommended to begin learning the language so their eventual application runs smoothly. Extended information on the key reforms to the immigration system will be released later by the Government.