What changes have come into effect as of 28th October 2013?
From 28 October 2013, unless you are exempt, all applicants for
settlementor naturalisation as a British citizens will need to meet
the knowledge oflanguage and life (KOLL) requirement by:
Passing the life in the UK test; and
Having a speaking and listening qualification in English at
B1 CEFR or higher, or its equivalent.
The KOLL requirement for settlement purposes
The normal expectation will be that adults (i.e. those aged 18 or over)
applying for settlement, whether as a main applicant or a dependant,
will be expected tomeet the new KOLL requirement.This will include
adult children of persons settled in the UK and adult children
applying for indefinite leave as a dependant.
However, there are some circumstances where exceptions to this
normal rule will apply.
The KOLL requirement for naturalisation purposes
Persons who apply for naturalisation under section 6(1) and section
6(2) of theBritish Nationality Act 1981 will be expected to meet the
new KOLL requirement.However, there are some circumstances
where exceptions to this normal rule will apply.
The Life in the UK test
There will be no changes made to the Life in the UK test.
The Life in theUK test is a computer-based, multiple
choice test. It will continue to beavailable through the
network of test centres operated by learn direct
on behalf of the Home Office.
Case Update: MM & Others v SSHD (income level for spouses):
An appeal to the First Tier tribunal, which has since escalated to the
Court of Appeal,regarding the requirement for British national to
earn at least £18,600 per annum in
order to bring their non EEA spouse or partner to the UK.
The case is to be heard in the Court of Appeal between 3rd and 5th
March 2014.Once heard we envisage a wait of at least 3-6 months
for a determination and for the Home Office to amend any rules in
line with the determination, if necessary.
Upcoming Changes to be Aware of;
The UK Border Agency is due to make further changes through
the year.These will include;
1. CLOSURE OF TIER 1 (GENERAL) EXTENSIONS
The Tier 1 (General) extension applications being closed.
This will mean Tier 1 (General) migrants will no longer be
able to extend their current leave to remain. This will more
than likely affect migrantseligibility to apply for ILR and we
strongly advise migrants to keep in
contact with us until confirmed actions have
been published by the Home Office.
2. NEW IMMIGRATION BILL
There has also been a new Immigration Bill laid before Parliament.
The Bill has received wide scale criticism for being extremely harsh.
The Bill proposes to, amongst other proposed changes;
– Provide a single power to remove
– Enlarge the States power to record and use biometrics
– Significant changes to appealable decisions and grounds
of appeal
– Dictates how the Tribunals should assess proportionality
under Article 8
– Making it unlawful for landlords to rent to individuals who
should have a visa and who do not.
– Stop individuals who should have a visa and do not from
openingbank or building society accounts.
If you are concerned about upcoming changes and the possibility
of their effect on your immigration status please call the office on
01793 836 010 and one of the Immigration Consultants will be
able to conduct an assessment for you.
If you have a corporate or private UK immigration matter which you
would like to discuss, please contact our office on 01793 836 010 and we will be able to assist you further.
