16 Aug Who is exempt from the English language and Life in the UK tests?

An applicant for indefinite leave to enter or remain under most immigration routes must demonstrate sufficient knowledge of the English language and life in the United Kingdom. The relevant requirements are set out under Immigration Rules Appendix KoLL.

For a naturalisation application as a British citizen, demonstrating English language proficiency and knowledge about British society and life is mandatory. These requirements are governed by Paragraph 1, Schedule 1 of The British Nationality Act 1981.

Apart from nationals of major English-speaking countries, who automatically meet these requirements by demonstrating their nationality, there are also certain groups of individuals who can be exempt from meeting these requirements.

ILR application

Part 3 of Appendix KoLL  states that some applicants do not have to demonstrate sufficient knowledge of the English language and about life in the UK under the following circumstances:

• Ages
  3.1 (a) The applicant is under 18 years of age on the date of their application, or
  (b) The applicant is at least 65 years of age on the date of their application;

Applicants who are under 18 years old or at least 65 years old on the date of their application do not need to meet these requirements.

• Mental or Physical Condition
  3.1 (c) In all the circumstances of the case, the decision-maker considers that, due to the applicant’s mental or physical condition, it would be unreasonable to expect them to fulfill either or both parts of the requirement.

If an applicant’s mental or physical condition makes it unreasonable for them to fulfil the language and life knowledge requirements, the decision-maker can grant an exemption based on the specific circumstances of the case.

• Deemed as Meeting the Requirements
  Under Paragraph 3.2, certain applicants may be deemed to meet these requirements under specific circumstances, which can be briefly summarised as:

– Long-Term Residents: Applicants who have held continuous leave to enter or remain in the UK for at least 15 years under various immigration routes (e.g., as a spouse, dependent, or partner) may not need to demonstrate their knowledge of English and UK life if their status meets certain criteria.

– Efforts to Learn English: Applicants must provide evidence of English language proficiency at A2 CEFR or equivalent, either through a qualification or an approved English language test. If the applicant cannot meet the required level of B1 CEFR, they must provide evidence of efforts to learn English and a report from a qualified English language teacher.

-Exempt Countries: Nationals from certain English-speaking countries (e.g., USA, Canada, Australia) are automatically deemed to meet these requirements due to their nationality.

Naturalisation application

Paragraph 1, Schedule 1 of The British Nationality Act 1981 stipulates that applicants must meet both the English language requirement and the Life in the UK test for naturalisation applications (under 6(1) and 6(2)):

(1)(c) The applicant has sufficient knowledge of the English, Welsh, or Scottish Gaelic language; and
(ca) The applicant has sufficient knowledge about life in the United Kingdom.

However, as set out in Schedule 2(e), the requirement to demonstrate knowledge of English and UK life can be waived if the decision-maker deems it unreasonable due to the applicant’s age or physical or mental condition:

2(e) Waive the need to fulfill either or both of the requirements specified in paragraph 1(1)(c) and (ca) if it is considered unreasonable to expect the applicant to meet these requirements due to their age or physical or mental condition.

• Ages

The Home Office guidance provides more detailed explanations regarding age:

There is discretion to waive the KoLL requirement if, because of a person’s age, it would be unreasonable to expect them to meet it. This is set out in paragraph 2(1)(e) of schedule 1 to the British Nationality Act 1981. Where the applicant is aged 65 or over you must waive the requirement. Where the applicant is aged 60 to 64, you must normally waive the requirement if the time needed to reach the required standard means the applicant would then be aged 65 or over. Where the applicant is aged under 60 you must not normally waive the requirement based on age alone. If you are intending to exercise discretion in respect of an applicant under 65 you must contact the Nationality Policy team prior to making a final decision, setting out the details of the application and why you are intending on applying discretion.

For applicants aged 65 or over, the requirement must be waived. For those aged 60 to 64, it should be waived if meeting the standard would mean they are 65 or older. Applicants under 60 are generally not exempt based on age alone. If discretion is considered for applicants under 65, you must consult the Nationality Policy team with the details of the application and reasons for exercising discretion.

• Physical or mental condition

Same as the ILR application, to be exempted by physical or mental condition reasons

You must exercise discretion if the applicant:

• is suffering from a long-term illness or disability that severely restricts their ability to learn English or prepare for the Life in the UK test
• has a mental condition which prevents them from speaking or learning English to the required standard

Discretion must be exercised if an applicant’s long-term illness, disability, or mental condition severely limits their ability to learn English or prepare for the Life in the UK test. Evidence of difficulty with one requirement doesn’t automatically exempt them from the other.

Caseworkers should assess how the condition affects the applicant’s ability to meet the KoLL requirements, considering factors like deafness and speech impediments.

In some cases, test centres can accommodate some disabilities, so applicants may still be able to take the test. Each case should be judged individually.

Contact Our Immigration Team

For expert advice regarding any aspect of the UK visa application, please contact our immigration team on 0203 384 3075