Foreign nationals from outside the European Economic Area wishing to enter or remain in the UK as the spouse, civil/unmarried partner, or fiancé(e)/proposed civil partner of a British citizen or a person with settled status in the UK will need to demonstrate a basic command of English, according to a change in the immigration rules due to come into force on 29 November 2010.

This will be achieved by passing an English language test with one of the UK Border Agency's approved test providers (unless an exception applies). Foreign nationals from the following majority English-speaking countries, however, will be exempt from the test:

  • Antigua and Barbuda
  • Australia
  • the Bahamas
  • Barbados
  • Belize
  • Canada
  • Dominica
  • Grenada
  • Guyana
  • Jamaica
  • New Zealand
  • St Kitts and Nevis
  • St Lucia
  • St Vincent and the Grenadines
  • Trinidad and Tobago
  • United States of America

Those with an academic qualification deemed to meet the recognised standard of a UK Bachelor's degree and which was taught or researched in English will also be exempt.

The new requirement will not apply to dependants of foreign nationals with temporary residence in the UK, such as Tier 1 or Tier 2 migrants under the Points-Based System.

Although the proposal for the requirement pre-dates the current government, it can be seen against a background of the government's plan to reduce annual net migration to the 'tens of thousands'. It has already introduced a temporary cap on migration under Tier 1 for highly skilled individuals and Tier 2 for sponsored new hires. A permanent cap is to follow in April next year.

Additionally, on 6 September the immigration minister delivered a speech in which he announced his intention to further review the immigration rules with the aim of reducing net migration. The minister indicated that he would be looking in particular at students who enter the UK to study at below degree level; lower-skilled workers; and the ability to switch from a temporary visa category to one which leads to settlement.

For further information please contact Joshua Le Vay, UK Solicitor, on +61 2 8224 8563 or via email at jlevay@fragomen.com.

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