Knowledge of language and life in the UK – KOL Tests

New immigration rules which came into force on 6 April 2011 now require certain applicants to demonstrate that they have a good knowledge of language and life in the UK when applying for settlement or ‘indefinite leave to remain’ in the UK. The following is some information to help you decide what you need:

Do I need to demonstrate my knowledge of language and life in the UK?

Certain applicants for settlement are exempt from the ‘knowledge of language and life’ (KOL) requirement. These exemptions are listed below.

There are three ways to demonstrate your knowledge of language and life (KOL) in the UK:

• If your English skills are at or above ESOL Entry 3 level (see below), you will need to pass the ‘Life in the UK test‘.
• If your English skills are below ESOL Entry 3 level (see below), you will need to take and pass a course in English for speakers of other languages (ESOL) which contains citizenship materials.
• If you are the husband, wife, civil partner or unmarried/same-sex partner of a staff member of HM Diplomatic Service, the British Council or the Department for International Development, there are other arrangements that may apply to you.

If you do not know the level of your English skills, you should work through the tutorial on the Life in the UK test website. If you cannot fully understand the information in that tutorial, you may need to take an ESOL course containing citizenship materials.

ESOL courses

If English is not your main language, you can take a course in English for speakers of other languages (ESOL).

In England, Wales and Northern Ireland, you can study ESOL at the three entry levels:

• ESOL Entry 1 (lowest)
• ESOL Entry 2
• ESOL Entry 3 (highest)

In Scotland, you can study ESOL at the following three levels:

• Access 2
• Access 3
• Intermediate 1

If you are an English speaker – the Life in the UK test

If your English skills are at or above ESOL Entry 3 level or Scottish Intermediate 1 level, you will need to pass the Life in the UK test before you apply for settlement. This test consists of 24 multiple-choice questions, based on the information in the handbook ‘Life in the UK: A Journey to Citizenship’ (ISBN: 9780113413133).

The handbook is available from most high street bookshops. You should ensure that you use the second edition when preparing for the test. The Home Office has also endorsed an official study guide. ‘Life in the United Kingdom: Official Citizenship Test Study Guide’ (ISBN: 9780113413249) is available from many bookshops. The study guide does not contain the learning materials for the test, and should be read in conjunction with the handbook.

The test can be taken at one of approximately 65 Life in the UK test centres around the UK. The Life in the UK test website explains how to prepare for and book your test. If you have a visual impairment, you can take the test in large print or the computer can read out each question for you. If you have special needs, you should contact your nearest test centre for details of the support it can provide. The test costs £34.00 including VAT. You must pay this fee at the test centre before you begin the test.

You will also need to show photographic identification. The Life in the UK test website lists the suitable forms of identification.

If you pass the test, you will receive a pass notification letter.  You must include this letter with your application for settlement. The test centre will also notify us electronically within two working days that you have passed the test. If you pass the test, you will not need to provide any further evidence of your language skills.

Please note: If you want to apply for settlement in person at a public enquiry office (PEO), you must pass the test at least two working days before you attend your appointment, to allow time for the test result to be sent to the UKBA electronically. If the test result is not on the UKBA system when you attend your appointment, the UKBA will not decide your application on the same day and you may forfeit your fee and waste your time.

If you are overseas

In general, the Life in the UK test cannot be taken overseas.  If you are not in the UK, the Channel Islands or the Isle of Man, you will need to return here to take the test. 

In exceptional circumstances, it may be possible for someone in Crown or designated service outside the UK, or the husband, wife or civil partner of someone in Crown or designated service outside the UK, to take the test overseas.

If you are not an English speaker – ESOL and citizenship course

If your English skills are below ESOL Entry 3 level (or Intermediate 1 level in Scotland), you must take an ESOL with citizenship course and obtain a relevant qualification to demonstrate your knowledge of language and life in the UK.

ESOL courses are available throughout the UK – the Directgov website can help you find a course at the right level in your area.

The Immigration Rules for ESOL courses changed on 7 April 2010. If you want to demonstrate your knowledge of language and life with an ESOL qualification, you must now meet the following requirements:

• You must have attended your ESOL course at an accredited college.
• The course must have included citizenship materials derived from the document ‘Citizenship Materials for ESOL Learners’ (ISBN: 1-84478-5424).
• You must have obtained a relevant ESOL qualification from an approved awarding body.
• You must demonstrate that you have made relevant progress.

An ‘accredited college’ is:

• a publicly funded college that is subject to inspection by Ofsted (if it is in England), the Education and Training Inspectorate (Northern Ireland), HM Inspectorate of Education (Scotland), Estyn (Wales); or an inspection programme that has been approved by the Island’s Government (in the Channel Islands or Isle of Man): or
• a private college that has been accredited by Accreditation UK, the British Accreditation Council (BAC), the Accreditation Body for Language Services (ABLS) or the Accreditation Service for International Colleges (ASIC).

A college meets the definition of an ‘accredited college’ if it was accredited on the date when you obtained your qualification, or if it is accredited on the date when your settlement application is decided.

A ‘relevant ESOL qualification’ is:

• an ESOL qualification in speaking and listening at Entry 1, Entry 2 or Entry 3 level approved by the Office of the Qualifications and Examinations Regulation (Ofqual); or
• one National Qualifications Unit in ESOL at Access 2, Access 3 or Intermediate 1 level approved by the Scottish Qualifications Authority.

‘Approved awarding bodies’ in England, Wales and Northern Ireland are:

• Ascentis (formerly Open College of the Northwest)
• Cambridge ESOL
• City & Guilds (Pitmans)
• Edexcel
• Education Development International (EDI)
• English Speaking Board (International) Limited
• National Open College Network
• Trinity College London

In Scotland, the only approved awarding body is the Scottish Qualifications Authority.

To demonstrate ‘relevant progress’, your college must confirm that you have progressed by at least one level from the level at which you were assessed at the beginning of the course that led to your relevant qualification. For example, if you were initially assessed by your college as being below Entry 1 level, you must obtain a relevant ESOL qualification at Entry 1 level or above.

You should check with your college to ensure that it is accredited as described above, and that the course meets all of the above requirements. If your college is not accredited, or if the course does not meet all of the above requirements, your application will be refused. Your college should provide a letter confirming that the relevant criteria are met.  The college should also provide evidence to show how it meets the definition of an accredited college.

What happens if I do not meet the requirement?

Unless you are exempt from the KOL requirement, your application for settlement will be refused without a refund of the application fee if you have not met the requirement.

If you have not yet met the KOL requirement and your current permission to stay will expire soon, you will need to apply to extend your temporary permission to stay in the UK. In many categories you will need to take legal advice before doing this because although the UKBA state that this is the procedure to follow, the fact is that they will only grant you furtrher leave to remain if you can show that you still qualify under your existing or a new immigration tier. The UKBA will rarely ever grant an extension of leave to remain just so that you can sit a KOL test.

If you do meet the KOL requirement but your dependent partner has not yet obtained a relevant qualification, they will need to apply separately to extend their temporary permission to stay. They should apply using an FLR(O) application form, or using an FLR(M) form if you have applied or are applying under the points-based system. 

Exemption for certain immigration categories

You will not have to meet the KOL requirement if you are being granted settlement outside the Immigration Rules, or if you are applying for settlement as:

• a Foreign and Commonwealth citizen on discharge from HM Forces (including a Gurkha);
• the husband, wife or civil partner of a Foreign and Commonwealth citizen on discharge from HM Forces (including a Gurkha);
• a victim of domestic violence;
• the bereaved partner (husband, wife, civil partner, unmarried partner or same-sex partner) of a British citizen or someone who was settled here;
• a parent, grandparent or other dependent relative of a British citizen or someone who has settled here (under paragraph 317 of the Immigration Rules);
• a retired person of independent means;
• a European national or the non-European family member of a European national, making an application under the Free Movement of Persons provisions (not based on the Immigration Rules);
• a Turkish businessperson under the European Community Association Agreement (ECAA) with Turkey;
• someone who has spent five years in the UK with permission to stay as a refugee;
• someone who has spent six years in the UK with discretionary leave;
• someone who has spent four years in the UK with exceptional leave to remain;
• someone who has spent five years in the UK with humanitarian protection; or
• a dependent child of someone in an employment category that preceding the points-based system (listed in paragraphs 128-193 of the Immigration Rules, excluding paragraphs 135I-135K) or of someone who is here as a businessman, self-employed person, investor, writer, composer or artist (paragraphs 200-239 of the Immigration Rules). This includes children who are 18 or over when they apply.

However, you will need to demonstrate your knowledge of language and life in the UK if you later apply for British citizenship, unless you are exempt for other reasons.

Exemption because of your age

If you are under 18 years old or at least 65 years old, you are exempt from the KOL requirement. When you apply for settlement, you should send us your passport or birth certificate as evidence of your age.

Exemption because of disability

If you have a long-standing, permanent disability which prevents you from learning English, you may be exempt from the KOL requirement. To be exempt, you must:

• be suffering from a long-term illness or disability that severely restricts your mobility and ability to attend language classes; or
• have a mental impairment which means that you are unable to learn another language.

When you apply for settlement, you should send us evidence from a medical practitioner confirming your disability.

If you require special arrangements to be able to learn English or take a test, you are not exempt – you still must meet the KOL requirement.

How do I demonstrate my knowledge of language and life in the UK?

If you are not exempt from the KOL requirement, you must demonstrate a good knowledge of language and life in the UK before you apply for settlement. Most applicants will need to do this by:

• passing the ‘Life in the UK’ test, if they speak English to a reasonable standard; or
• taking and passing a course in English and citizenship, if they do not speak English.

The new English language requirements and KOL make the system of UK immigration all the more complicated and provide further opportunities for the UK Border Agency to refuse your application for leave to remain or for an extension of leave to remain. If you are in any doubt as to the nature of your English language qualifications or if you have any questions at all about your immigration status or regularising your immigration status in the UK, we can help. We are experts in UK immigration law and policy and just to help put your mind at ease we offer a free 30 minute telephone consultation to all prospective clients. Call us anytime during working hours on 020 8401 7352 for your free 30 minute immigration assessment or email us your query at info@solicitorsfirm.com