Migrants marrying UK citizens must now learn English

(Note that this requirement is mandatory for every relevant partner/spouse who has not yet applied for "Indefinite Leave")

Compulsory English language tests will be introduced for non-European migrants applying to come to the UK to join or marry their settled partner, the UK government announced today.

From autumn 2010, they will need to demonstrate a basic command of English which allows them to cope with everyday life before they are granted a visa.

The new rules will apply to anyone applying as the husband, wife, civil partner, unmarried partner, same-sex partner, fiance(e) or prospective civil partner of a UK citizen or a person settled in this country. They will be compulsory for people applying from within the UK as well as visa applicants from overseas.

Home Secretary Theresa May said:

'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.

'This is only the first step. We are currently reviewing English language requirements across the visa system with a view to tightening the rules further in the future.

'Today's announcement is one of a wide range of measures the new government is taking to ensure that immigration is properly controlled for the benefit of the UK, alongside a limit on work visas and an effective system for regulating the students who come here.'

Anyone wishing to come to the UK as a partner will need to demonstrate basic English at A1 level, the same level required for skilled workers admitted under Tier 2 of the points-based system.

A partner coming to the UK from outside Europe will need to provide evidence with their visa application that they have passed an English language test with one of our approved test providers.

Under the current rules, people applying for visas as partners must already meet a range of criteria before being allowed to enter the UK. All applicants must show that their marriage or partnership is genuine, and that they can support themselves financially.

Whether they have married in the UK or overseas (or not at all), the non-UK partner must apply for a two-year settlement visa to come and live in the UK as a husband, wife, civil partner, unmarried partner or same-sex partner. At the end of the two years, they can apply to us for permission to settle in the UK (known as 'indefinite leave to remain').

Partners who apply for settlement after completing their two-year period of temporary residence will still need to meet the 'knowledge of language and life in the UK' test. This is in addition to the new basic English language requirement, which forms part of their initial application.

Changes to Tier 4 student visa applications from 3 March 2010

Following the earlier announcement of a new set of measures to tighten the criteria on student Tier 4 visa applications, the following changes come into effect from 3 March 2010:

The minimum level of English language course has been raised to level B2 of the Common European Framework of Reference for Languages (CEFR). Students will therefore need a higher level of English at a minimum level of B1 of the Common European Framework of Reference for Languages to come and study an English language course in the UK. Exceptions apply to Government sponsored students and specific pre-sessional English courses.
Students applying under Tier 4 (General) and who are coming to study courses below NQF Level 6 (except for students on Foundation Degrees) must also be assessed by the sponsor to ensure they have English language competence at level B1 of the CEFR.
If you are coming to study below degree level (excluding foundation degree students) you will only be able to work 10 hours a week (this has been reduced from 20 hours).
If you are studying for a course under Tier 4 for less than 6 months, you will no longer be able to bring your dependants.
Dependants of anyone studying a course lower than degree level (excluding those on foundation degree courses) will no longer be able to work (unless they qualify in their own right under Tier 1 (General) as a highly skilled migrant or as a skilled worker under Tier 2 General, sportsperson or minister of religion).

If you have submitted and paid for your application before 3 March 2010, you will be considered against the rules in force at the time.

05-10-2009 - Changes in PBS Tier 4 Students

In line with the launch of the sponsorship management system for Tier 4 of the points-based system on 5 October 2009, the UK Border Agency has announced a new policy for Tier 4 sponsors and would-be students.
The new policy centres on two main areas:

Extending the maintenance concession for Tier 4 applicants who are already in the United Kingdom - this will help to ease the transition process for would-be students.
Tying Tier 4 students' permission to stay to their sponsors, if they make their application on or after 5 October - this will strengthen Tier 4 and strengthen the United Kingdom border.

Extending the maintenance concession for Tier 4 applicants who are already in the United Kingdom

Tier 4 applicants need to have enough money to cover their course fees and maintenance. They must normally show that they have held this money for a 28-day period ending no more than one month before their application, but until now a concession has been in place allowing students to show only that they have the required funds in place on the date when they apply. This concession has been extended until February 2010.

This is because the UK Border Agency recognise that many students already in the United Kingdom will not have needed to show this money before, so have decided to allow a longer transitional period for all Tier 4 applications made within the United Kingdom.

Would-be students who make a Tier 4 application from inside the United Kingdom before February 2010 will only need to show that they have the money needed on the day when they apply. They must still provide the correct documents to support their application.

From 1 October 2009, would-be students applying from outside the United Kingdom must show that they have held the required money for a 28-day period ending no more than one month before the date of their application.

Tying Tier 4 students' permission to stay to their sponsors, if they make their application on or after 5 October

On 5 October 2009, new Tier 4 students' permission to stay in the United Kingdom will be 'tied' to the education provider that is sponsoring them. This will bring Tier 4 in line with other Tiers of the points-based system.

From 5 October, every new Tier 4 student will find their sponsor's licence reference number on the vignette in their passport or on their Identity Card for Foreign Nationals (ICFN).

n future, if a student wants to study with a new Tier 4 sponsor and they made their last application for a Tier 4 visa on or after 5 October 2009, they will need to apply for a new Tier 4 visa. They will not be allowed to begin studying with the new education provider until they have received a decision on the outcome of their application - if they do so, they will be committing a criminal offence for which they could be prosecuted or removed from the country.

The UK Border Agency (UKBA) has stated it cannot advise students to commence new studies until permission has been given, but that it will make every effort to ensure that applications from students wishing to change education provider are considered within the published service standards, so that students can move to the new education provider as quickly as possible.

If a student wants to study with a new Tier 4 sponsor, and they made their last application for a Tier 4 visa before 5 October 2009, they will continue to be allowed to change their educational provider without making a new Tier 4 application. They must, however, seek written permission from UKBA to change their sponsor.

The UK border Agency has published changes to the Immigration Rules on 9 March, which will take effect on 31 March.
The changes will introduce the new Tier 4 route for students, as well as changing the academic and financial requirements of the Tier 1 for highly skilled workers.
The UK’s points-based system will be expanded at the end of March to include adult and child students, while highly skilled workers from outside Europe will have to meet stricter criteria to come work in Britain.
The change to the Tier 1 follows the Home Secretary’s announcement on 22 February on new measures to “raise the bar” for foreign workers wishing to enter the United Kingdom.
In a written ministerial statement, Immigration Minister Phil Woolas said:
“We recognise the contribution that international students make to the UK economy and the benefits that encouraging overseas students brings in terms of diffusing British values and fostering a positive view of the UK overseas.
“However, the new system will tighten controls over students who are applying for courses with work placements, ensuring they are not used as a way to gain employment.”
The new system will also attempt to prevent adult students studying low level courses for long periods of time.
If you have a pending student visa application or have completed you VAF online, the application should be considered under the current rules, not Tier 4.
For the latest immigration news visit www.edetanlenelliotfoundation.org
If you need any immigration advice or help with Sponsorship or Work Permits, Visa or an appeal against a refusal please email us at: info@edetanlenelliotfoundation.org

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