Changes to the KOLL requirements for those seeking UK settlement or naturalisation
There are some changes being made to the existing UK settlement and naturalisation requirements. These changes will be put in place on the 28th October 2013 and will affect most applicants who wish to settle in the UK or become a British Citizen by naturalisation. The new requirements are as follows:
- Most applicants must meet the requirements of the Life in the UK test; and
- Applicants must achieve a B1 level or equivalent in English language – speaking and listening.
KOLL requirements prior to 28 October 2013
In 2005, the UK government established the current KOLL regulations in order to ensure that all applicants had sufficient understanding of both the English language and the UK culture. Prior to 28 October 2013, ILR and naturalisation applicants were required to pass a Life in the UK test or English test for Speakers of Other Languages (ESOL) in order to meet the UKBA criteria for approval.
The new requirements for KOLL
Applicants making an application for settlement or naturalisation on or after the 28th October 2013 will need to meet the new KOLL requirement, which includes passing the Life in the UK test and English language test prior to submitting the application to UK Visas & Immigration (formerly the UK Border Agency). There are a few exemptions that are listed below.
New English language qualification requirements
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.
There are no requirements regarding studying for the B1 English test. Applicants are advised to study in a comfortable and quiet environment, but there are no accredited colleges for these purposes.
Applicants with a Degree taught in English
Any individual 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 for the KOLL requirement. They will only be required to pass the Life in the UK test. 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.
English speaking majority country nationals
Applicants from the following countries will not be required to take the B1 English test: Antigua and Barbuda, Australia, The Bahamas, Barbados, Belize, Canada, Dominica, Grenada, Guyana, Jamaica, New Zealand, and St Kitts and Nevis. St Lucia, St Vincent and the Grenadines, Trinidad and Tobago, the United States of America. However, applicants from these countries will still be required to pass the Life in the UK test before they can apply for settlement (indefinite leave to remain) or naturalisation.
Already passed the B1 English test?
Anyone who has already met the English language requirement when applying for their original entry clearance as a fiancee, unmarried partner or spouse of a British Citizen or UK legal permanent resident, will not need to take the test for settlement or naturalisation purposes, as long as their original test results are still valid at the time of application.
Already have settlement but applying for naturalisation?
New applicants are still required to meet the revised KOLL requirements if they apply on or after the 28th October 2013, but will not need to retake the Life in the UK test, if already passed. This means that applicants holding valid KOL test pass certificates will only need to pass the B1 English test.
Exemption details
Children under 18 and adults over 65 are not required to meet the KOLL requirements, and this also applies to those who suffer from physical and mental disabilities, and some other categories, including victims of domestic violence and refugees.
Transitional arrangements
The changing requirements may cause a few concerns for applicants already in the UK, so there is an agreement that allows the following categories to apply for extra leave to remain:
- Partners, parents or children of British Citizens and UK legal permanent residents
- Those who are currently in the UK on the basis of long residence
- Those who reside in the UK on the basis of private life
- Those who are currently living in the UK as the dependants of HM forces personnel
- Those who are in the UK as dependants on those who originally came to and entered the UK as work permit holders or PBS migrants.
Transitional arrangements for naturalisation
Currently, there is no time limit for those with settlement rights to apply for naturalisation. Therefore UK Visas & Immigration has not applied any transitional arrangements for this purpose. Becoming a British citizen is a privilege and those seeking this status should be well-prepared before applying.
