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British citizenship ? knowledge of language and life in the UK

November 2005 - Immigration. Legal Developments by Magrath & Co.

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FROM 1 November 2005 all new naturalisation applicants must demonstrate knowledge of the English language and life in the UK to have their application considered. Applications made before this date will not be affected by this change.

There are two principal methods for applicants to demonstrate that they are able to meet these new requirements. The choice of method depends on the individual’s level of English. The methods are:

1) ‘Life in the UK’ tests (for applicants at or above English for Speakers of Other Languages (ESOL) Entry 3 level); and

2) classes with citizenship content (for applicants below ESOL Entry 3 level).

Life in the UK tests
The standalone electronic test is based on the information contained in chapters two, three and four of the Life in the United Kingdom: A Journey to Citizenship handbook. This book is available for £9.99 from good bookshops or can be bought on-line from The Stationery Office at www.tsoshop.co.uk. The information in the book is sufficient to enable applicants to answer test questions, provided that they study it carefully.

The test is administered by Ufi Ltd learning centres on behalf of the Home Office. The electronic test is available at 90 ‘Life in the UK’ test centres for a fee of £40. Applicants have 45 minutes in which to answer the 24 questions. If an applicant passes the test, they will be issued with a pass notification letter, which will be stamped by the test centre. This letter will need to be submitted together with their application for nationality as evidence that they have sufficient knowledge of the English language and of life in the UK.

Even though it is an electronic test on a computer, it does not require advanced computer skills – only basic mouse and keyboard skills are required. On the ‘Life in the UK’ website, www.lifeintheuktest.gov.uk, applicants can develop these skills through the free mouse and keyboard training exercises. Applicants can also test their knowledge on the website before taking the test. For applicants who are really unsure of their computer skills, there will be the option of completing the ESOL course with citizenship content as an alternative to the test.

There would be little point in applicants asking someone else to take the test on their behalf, as it would become apparent at the citizenship ceremony if they did not have sufficient knowledge of English.

Further information relating to the ‘Life in the UK’ test is available on the website. A freephone helpline is also in operation to deal with any queries.

Classes with citizenship content
These courses will be available at many further education and adult colleges across the UK. An applicant who successfully completes one of these courses has to submit an ESOL certificate and also a letter from the college confirming that the course they undertook contained approved citizenship content.

Most of those seeking naturalisation will have access to the above course free of charge, provided that they meet the requirement for treatment as home students. Private language schools can also be used, provided that they are a recognised awarding body, as ESOL certificates will only be accepted from such institutions.

Exemptions from the requirement
There is discretion to waive the language requirement where it would be unreasonable to expect the applicant to fulfil it because of age or a physical or mental condition. The Home Office has stated that it would normally agree to waive the language requirement where the applicant is aged 65 or over. For younger applicants, the grounds for exemption need to be compelling.

Citizenship Ceremonies
The Home Office invites all successful naturalisation applicants over the age of 18 to attend a ceremony. The Registration Service hosts the ceremony, and the attendees are presented with a Certificate of Naturalisation.

Successful applicants must attend the ceremony to become a British citizen. Children under 18 will have their certificates sent to them, or parents can pick them up at their own ceremonies.

Further information relating to these ceremonies can be obtained from: www.uknationality.gov.uk.

The Magrath & Co immigration team may be contacted on 020 7495 3003.

For more information please visit www.magrath.co.uk.