United Kingdom

• English rules tightened for immigrant partners

09 June 2010 - Ministers are bringing forward to the autumn measures requiring many immigrants marrying UK citizens to prove they have a command of [more...]

• Tier 4 changes for education providers and migrant students

07 April 2010 - Changes to the Immigration Rules came into force yesterday, affecting migrant students and educational providers which sponsor [more...]

• Changes to the 'knowledge of language and life' requirement for settlement

07 April 2010 - On 7 April 2010, the UK Border Agency made important changes to the ESOL provisions within the 'knowledge of language and [more...]

• New super premium service for applications

01 April 2010 – On Tuesday 6 April the UK Border Agency is launching a new service for customers applying to extend their permission [more...]

English rules tightened for immigrant partners

09 June 2010 -

Ministers are bringing forward to the autumn measures requiring many immigrants marrying UK citizens to prove they have a command of English. The measures, which Labour had planned to introduce in July 2011, will apply to partners coming to the UK from areas outside the EU, such as South Asia.

Home Secretary Theresa May said the move would "help promote integration". Campaigners said they supported efforts to help immigrants learn English, but the plans were discriminatory.

Under the new rules, anyone from outside the EU applying for a visa to join their spouse or partner will have to prove they have a basic command of English, to help them get by in daily life, before their application is approved.

The measure applies to same-sex partners.

At present, visa applicants have to show only that their marriage or partnership is genuine and that they can financially support themselves.

Dr Nick Saville, from the University of Cambridge ESOL Examinations, said the applicants would have to prove they could understand basic notices and information. He said: "You would be able to introduce yourself to others and ask basic level questions and write simple messages."

The former Labour government proposed similar plans in 2007.

The home secretary said: "I believe being able to speak English should be a pre-requisite 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."

Immigration Minister Damian Green told the BBC the move would benefit immigrants and help them to "integrate fully" into the local and national community. He said many immigrants, especially women, who could not speak English properly became isolated from the community around them.

Between January and December 2009, 59,000 people from outside the EU were granted a visa to live with their partner in the UK. According to the latest figures provided by the Office for National Statistics, 503,000 people moved to the UK between September 2008 and September 2009, and 361,000 people moved out.
Officials estimate that the new language test will lead to 10% fewer applications overall and it is likely to most affect the UK's Indian, Pakistani and Bangladeshi communities.

The spousal visa allows someone to stay for two years, after which they can apply for indefinite leave to remain. Applicants must then pass a further test on life and language in the UK.

07 April 2010 -

Changes to the Immigration Rules came into force yesterday, affecting migrant students and educational providers which sponsor them under Tier 4 of the points-based system.

The Immigration Rules now encompass changes from the Tier 4 review, including the rules governing the new Highly Trusted sponsor licence. Only sponsors who hold a Highly Trusted sponsor licence can now offer the following courses, known as 'restricted courses', to Tier 4 (General) students:

• courses at National Qualifications Framework (NQF) level 3 or equivalent; and
• courses below degree level that include a work placement (other than foundation degrees, which can still be offered with a work placement by any Tier 4 (General) sponsor).

Education providers who hold a standard Tier 4 sponsor licence can only offer courses at or above NQF level 4 or equivalent. And they cannot offer courses that include work placements unless those courses are degree-level courses or foundation degrees.

(A foundation degree is a programme of study which leads to a qualification awarded at a minimum of level 5 on the revised National Qualifications Framework by an English higher education institution with degree-awarding powers, or awarded on a directly equivalent basis in the devolved administrations. In Scotland, a Higher National Diploma at Level 8 on the Scottish Credit and Qualifications Framework is equivalent to a foundation degree.)

If a student is studying a restricted course at an institution that does not hold a Highly Trusted sponsor licence, they can continue to study at that institution until they complete their course of study or their permission to stay under Tier 4 expires, whichever is sooner. If a student wants to extend their stay to complete their studies on an affected course, they must do so at an institution that holds a Highly Trusted sponsor licence.

Source: UK Border Agency, http://www.ukba.homeoffice.gov.uk

Changes to the 'knowledge of language and life' requirement for settlement

07 April 2010 -

On 7 April 2010, the UK Border Agency made important changes to the ESOL provisions within the 'knowledge of language and life' requirement for people seeking settlement in the UK.

Most settlement applicants aged between 18 and 64 must show that they have sufficient knowledge of the English language and of life in the UK. They can meet this requirement by either passing the 'Life in the UK' test or obtaining an approved English for Speakers of Other Languages (ESOL) qualification. The ESOL provision is for people whose standard of English is below ESOL Entry Level 3.

Until 6 April 2010, you could satisfy the ESOL requirement by obtaining a relevant ESOL qualification from an approved awarding body following attendance on a course which was taught using specified citizenship materials. Now you must also:

• have studied for your ESOL qualification at an 'accredited college'; and
• be able to demonstrate that you have progressed at least one level in order to obtain your qualification.

An 'accredited college' is:

• a publicly funded college which is subject to inspection by Ofsted or its devolved equivalents; or
• a private college which is accredited by Accreditation UK, the British Accreditation Council (BAC), the Accreditation Body for Language Services (ABLS) or the Accreditation Service for International Colleges (ASIC).

There is no change to the provisions for those taking the 'Life in the UK' test.

Source: UK Border Agency, http://www.ukba.homeoffice.gov.uk

01 April 2010 -

On Tuesday 6 April the UK Border Agency is launching a new service for customers applying to extend their permission to stay (also known as 'leave to remain') in the UK.

The super premium service will provide a high level of customer service and convenience. Our officers will visit a location chosen by the customer to enrol the customer's biometric information (fingerprints and photograph).

The super premium service is available to people who are applying to extend their stay in the UK under one of the following immigration categories:

• Tier 2 and Tier 4 of the points-based system
• categories using application forms FLR(M), FLR(BID) and FLR(BUS)

All of the above categories require the applicant to obtain an identity card for foreign nationals (ICFN) as part of their application to extend their stay.

You can also use the service if you are applying to transfer your residence permit to a new passport using application form TOC.

The super premium service is not currently available to customers applying for an extension under a non-ICFN category, or applying for permanent residency or citizenship.

The fee for the new service is £15,000 per application, which includes any fees relating to dependants. The key features of the service are:

• customers can have their biometrics enrolled at a location of their choosing, including their home or business premises;
• customers can arrange a visit at a time and date of their choosing, subject to certain conditions; and
• we will make a decision on the application within 24 hours of the visit, if all the requirements are met.

Initially the service will be available to customers located in London and the south of England. At a later date it will be extended to cover all of the UK.

Source: UK Border Agency, http://www.ukba.homeoffice.gov.uk