Countries Exempt from English Language tests

Most applicants are now required to meet the B1 level requirements regarding speaking and listening in the English language. The following three qualifications are recommended:

• English language qualifications that cover speaking and listening at level B1 or higher.
• English for Speakers of Other Languages (ESOL). The qualification needs to be listed and recognised by Ofqual (Office of Qualifications and Examinations Regulations).
• Applicants who live in Scotland can use the National Qualification is ESOL at Scottish Qualifications Framework levels 4, 5 or 6.

If you are a national of one of these countries, you automatically meet the English language requirement:

• Antigua and Barbuda
• Australia
• the Bahamas
• Barbados
• Belize
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• the USA

Additionally, any person who holds a Bachelor’s or Master’s degree that was taught using the English language will not be required to take a further test.

However, the qualification must be recognised by UK NARIC as meeting the standard of a Bachelor’s or Master’s degree or PhD in the UK.

Some Settlement Visa Applications put on hold

In July 2013, the High Court made a judgement that although the income requirements set by the Home Office were not illegal, they were unreasonably high and as the court stated, ‘unjustified and disproportionate’. The Home Office has challenged this verdict. The appeal is set to be  heard between the 3rd and 5th of March 2014.

The current financial requirement in place for UK partner, spouse and marriage visas under the settlement policy is an income of £18,600 per year for couples with no children. The main reason for the disapproval of the High Court was that this figure is approximately £5000 more than the average income of a UK resident. There are also additiional income requirements for those wishing to bring children and other dependents into the UK, which resulted in the UK marriage visa process being viewed as an impossible barrier to cross to bringing a foreign family member or partner to the UK.

As this is an ongoing legal issue, UK Border Agency (UK Visas & Immigration) has decided that those settlement visa applications which would otherwise be declined on account of the income threshold alone will be put on hold until the matter has been resolved. 

UK fiancee and marriage visa applications which attract a refusal on other non-income threshold related grounds will still be refused, while UK partner visa applications which meet all of the requirements will still be granted under the current UKBA policy.