With only six months to go before the increased standard becomes a requirement from 26 March 2027, intending applicants should review their position and arrange English language testing if needed. If there are concerns the new threshold won't be met before existing permission is due to expire, a contingency plan should be put in place, both for main applicants and any affected dependants.
Most adult applicants for settlement in the UK will soon be required to demonstrate a higher level of English language fluency in the areas of speaking and listening. This change is the first stage of delivering the Government's earned settlement reforms. The Government has indicated that further details of the policy will be announced before the end of this year.
What will be the new English language requirement for settlement?
The English language requirement is increasing from Common European Framework of Reference for Languages Level B1 (Intermediate) to Level B2 (Upper Intermediate). The Home Office describes this as moving from a GCSE standard to an A-level equivalent standard.
It is estimated by the Home Office that it takes approximately 200 hours of language learning to move from level B1 to B2.
Which routes and applicants are affected by the increased English threshold?
Several routes to settlement will be affected, including Skilled Worker, UK Ancestry, Global Talent, Scale-up, Innovator Founder, International Sportsperson, Long Residence and Partner.
The revised English language requirement will apply to main applicants, partner dependants and child dependants aged 18 or over at the time the application is submitted. Some limited exceptions apply.
As a practical matter, this change affects only those individuals who are required to prove their English language ability using a Secure English Language Test (SELT).
How might applicants be caught out by this change?
Applicants may underestimate the extent of the jump between achieving a level B1 and B2. They could risk leaving themselves insufficient time to prepare for the exam or to book a resit.
Here, we anticipate dependants will be more heavily impacted by this step up as they are less likely to have as much exposure to a higher level of English language. Applicants in occupations where a B2 level of English language is not needed for them to do their jobs may face greater difficulty in meeting the B2 threshold too.
It is also important to note that some applicants may be operating under the assumption that meeting the B1 English language threshold for a previous application is sufficient to apply for settlement. However, they will still need to achieve a B2 if applying for settlement from 26 March 2027. This confusion could lead to delays in preparing for the English language test, reducing the likelihood of success.
Additionally, applicants may be caught out by unanticipated costs. These can include the cost of additional language lessons, test fees or the cost of extending their immigration permission (and potentially also that of any dependants) if the English language requirement is not met in time.
What happens if the English language requirement can't be met in time?
If the main applicant doesn't meet the English language requirement in time, both they and any dependants would not qualify for settlement. They may be able to apply for an extension to their current visa. This would allow them more time to prepare and sit the English language test, while remaining in the UK. There is, however, a significant risk that the main applicant and any dependants may need to leave the UK if an extension is not possible.
If a partner or child dependant aged 18 or over is unable to meet the English language requirement in time, they would not be able to settle. Ordinarily, if the partner dependant can't be granted settlement, nor can any child dependants (irrespective of age). Affected dependants would need to apply for an extension to their immigration permission or leave the UK.
Note that if a minor UK-born child dependant born is ineligible for settlement because their parent who is a partner dependant can't meet the English language requirement, registration as a British citizen may be possible once the main applicant has settled. These applications should be handled carefully, especially if there's a risk the child's temporary immigration permission may expire while the nationality application is still under consideration.
What should employers do now?
We would suggest employers consider checking-in with all potentially affected staff. This includes sponsored staff on a route to settlement, and unsponsored staff with limited permission on a route to settlement (other than under the EU Settlement Scheme).
Consider the following points:
- Whether the staff member and/or any connected family members would be required to sit an English language test as part of their application for settlement – seek immigration advice on this question if needed;
- Whether any support (e.g. assistance with fees, approval of leave) may be offered for English language tuition;
- Whether sponsorship may be available if needed; and
- Whether assistance with immigration-related costs (e.g. for an extension) may be available if needed.
Note that if financial assistance is being considered, advice may be needed on any tax implications.
What should applicants do now?
The key to minimising the impact of this change is to prepare early, either to ensure readiness to sit and pass English language testing at CEFR Level B2 if needed, or to make appropriate extension and/or citizenship applications.
We suggest applicants should:
- Check whether a previous SELT completed for a UK visa application already demonstrates passes in speaking and listening above Level B2 – seek immigration advice if unsure;
- Determine whether the settlement application can be made before 26 March 2027 (this is because such an application would only require the B1 English language standard to be met);
- Prepare to sit any required SELT well in advance, including receiving tuition if necessary;
- Book a test with a Home Office approved provider in good time before the expiry of existing permission, including contemplating the possibility of needing to re-sit;
- Anticipate whether an extension to limited immigration permission may be required – if so, notify any relevant sponsor of this early and assess the cost of any necessary applications;
- Ensure the position is checked for all members of the family unit aged 18 or over; and
- Check if they or any relevant family members are exempt from the English language requirement.
Need more help?
If you have any queries about this change and its implications, or if you need assistance with an application, please contact a member of our Immigration Team.
