Kadmos Consultants warn of the changing requirements for indefinite leave to remain in the UK

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From 28 October 2013 applicants for indefinite leave to remain in the UK and British nationality will have to meet a new English language requirement to B1 standard.

Immigration Lawyers

Kadmos Consultants Immigration Lawyers London

Given the government announcement that the in-country right of appeal will be taken away from those who assert their right to remain in the UK in reliance on established private and family life, it is important to have professional help from the start

According to the Statement of Changes in the Immigration Rules, HC 628, published by the UKBA (1), applicants for indefinite leave to remain in the UK and British nationality will have to demonstrate English language skills no at least B1 standard. The requirement will come into effect on 28 October 2013 and will substitute the current requirement which allows spouses of British citizens to qualify on the basis of an ESOL test to A1 level and does not add any additional language requirement to those who successfully past the Knowledge of Life in the UK test.

A wide range of English language qualifications will be accepted as evidence of the required level of English.

Applicant over the age of 65 will remain exempt from the requirement, as well as those who have a disability which adversely affects their ability to master a foreign language. In addition to the above, an exemption will apply for applicants who have been on a “family route” in the UK for 15 years but despite their best efforts have been unable to reach the required level of English.

Under the current rules, holders of UK spouse visa qualify to apply for settlement after five years of residence. Those unable to demonstrate the required level of the English language in order to meet the new requirements for indefinite leave to remain will have to apply for extension of their visa. In order to meet the requirements for extension of stay will need to demonstrate knowledge of English to A1 level.

Given the government announcement that the new immigration bill will take away the in-country right of appeal from those who assert their right to remain in the UK in reliance on established private and family life, it is important to have profession help from the start. Any application for settlement or further leave to remain have to be prepared as meticulously as possible to ensure the highest prospect of success.

Kadmos Consultants is a firm of London based immigration lawyers who specialise in all matters related to UK immigration, including family immigration, rights of family members of UK national children, family members of EU nationals, human rights applications in immigration context, and complex applications for British nationality.

(1) http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/statementsofchanges/2013/hc628.pdf?view=Binary

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Helena Sheizon
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