Appendix B - English language
Tier 1 Migrants
1. An applicant applying for entry clearance or leave to remain as a Tier 1 Migrant (other than a Tier 1 (Exceptional Talent) Migrant who is applying for entry clearance or a Tier 1 (Investor) Migrant) must have 10 points for English language.
2. 10 points will only be awarded to an applicant in Tier 1 (General) or Tier 1 (Entrepreneur) if the applicant:
(a) has the level of English language shown in the table below and:
(i) provides an original English language test certificate from an English language test provider approved by the Secretary of State for these purposes, which is within its validity date and clearly shows:
(1) the applicant's name,
(2) the qualification obtained, which must meet or exceed the level shown in the table below in all four components (reading, writing, speaking and listening), unless the applicant was exempted from sitting a component on the basis of his disability, and
(3) the date of the award, or
(ii) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's degree in the UK, and:
(1) provides the specified evidence as set out in the appropriate Tier 1 guidance, published on the UK Border Agency website, to show he has the qualification, and
(2) UK NARIC has confirmed that the degree was taught or researched in English to level C1 of the Council of Europe's Common European Framework for Language learning or above, or
| Level of English language | Points |
|---|---|
| A knowledge of English equivalent to level C1 of the Council of Europe's Common European Framework for Language Learning or above | 10 |
(b) is a national of one of the following countries:
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
USA,
and provides the specified documents, or
(c) has obtained an academic qualification (not a professional or vocational qualification), which is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor's or Master's degree or a PhD in the UK, from an educational establishment
in one of the following countries:
Antigua and Barbuda
Australia
The Bahamas
Barbados
Belize
Dominica
Grenada
Guyana
Ireland
Jamaica
New Zealand
St Kitts and Nevis
St Lucia
St Vincent and The Grenadines
Trinidad and Tobago
the UK
the USA,
and provides the specified documents, or
(d) has ever been granted leave as a Tier 1 (General) Migrant or a Tier 1 (Entrepreneur) Migrant or Business person, or
(e) has ever been granted leave as a Highly Skilled Migrant, if that leave was granted under these Rules at a time when they included the changes which came into force on 5 December 2006.
3. 10 points will only be awarded to an applicant in Tier 1 (Post Study Work) if the applicant has achieved 75 points under Appendix A.
4. 10 points will only be awarded to an applicant who is applying for leave to remain as a Tier 1 (Exceptional Talent) Migrant if the applicant meets the requirements of paragraphs 6 to 9 below.
Tier 2 Migrants and Tier 1 (Exceptional Talent) Migrants
5. An applicant applying for entry clearance or leave to remain as a Tier 2 Migrant must have 10 points for English language unless:
(a) the applicant is applying for entry clearance as a Tier 2 (Intra - Company Transfer) Migrant, or
(b) the applicant is:
(i) applying for leave to remain as a Tier 2 (Intra - Company Transfer) Migrant, and
(ii) is not seeking a grant of leave to remain that would extend his total stay in this category beyond 3 years.
6. 10 points will only be awarded to an applicant if:
(a) The applicant has the level of English shown in the table below and:
(i) provides an original English language test certificate from an English language test provider approved by the Secretary of State for these purposes, which is within its validity period and clearly shows:
(1) the applicant's name,
(2) the qualification obtained, which must meet or exceed the level that the Secretary of State specifies in the guidance as being required to meet the standard laid down in the table below in all four components (reading, writing, speaking and listening), and:
(3) the date of the award, or
(ii) has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet the recognised standard of a Bachelor's degree in the UK, and
(1) provides the specified evidence to show he has the qualification, and
(2) UK NARIC has confirmed that the degree was taught or researched in English to level C1 of the Council of Europe's Common European Framework for Language learning or above, or
(iii) in the cases referred to in row 1 of the table below, the applicant has obtained an academic qualification (not a professional or vocational qualification) which is deemed by UK NARIC to meet or exceed the recognised standard of a Bachelor's or Master's degree in the UK, and provides the specified evidence to show that:
(1) he has the qualification, and
(2) the qualification was taught or researched in English,
and
(b) one or more of paragraph 2(b)-2(e), 7 or 8 applies to the applicant.
| Row | Route | Level of English language | Points |
|---|---|---|---|
| 1. |
Applications for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant, other than the cases referred to in paragraph 5(b) above Applications for leave to remain as a Tier 2 (General) Migrant where the applicant has, or was last granted, entry clearance, leave to enter or leave to remain as:
All applications for entry clearance or leave to remain as a Tier 2 (Sportsperson) Migrant |
Competence of English to a basic user standard, including the ability to understand and use familiar everyday expressions, to introduce himself and others and to ask and answer questions about basic personal details. | 10 |
| 2. |
Applications for entry clearance and all other applications for leave to remain as a Tier 2 (General) Migrant Applications for leave to remain as a Tier 1 (Exceptional Talent) Migrant |
A level of English equivalent to level B1 of the Council of Europe's Common European Framework for Language learning or above. | 10 |
| 3. | All applications for entry clearance or leave to remain as a Tier 2 (Minister of Religion) Migrant | A level of English equivalent to level B2 of the Council of Europe's Common European Framework for Language learning or above. | 10 |
7. 10 points will be awarded in the cases referred to in row 1 of the table above if the applicant has ever been granted:
(a) entry clearance, leave to enter or leave to remain as a Minister of Religion, provided that leave was granted on or after 23 August 2004, or
(b) entry clearance, leave to enter or leave to remain as a Tier 2 (General), Tier 2 (Intra-Company Transfer) or Tier 2 (Sportsperson) Migrant, provided that when he was granted that leave he obtained points for English language from paragraph 6(a), 6(b), or
(c) entry clearance, leave to enter or leave to remain as a Tier 2 (Minister of religion) migrant, provided that when he was granted that leave he obtained points for English language from paragraph 6(a) or (b) above, or paragraph 10 below.
8. 10 points will be awarded if the applicant:
(a) is applying for leave to remain as a Tier 2 (General) or a Tier 2 (Intra-Company Transfer) Migrant,
(b) has, or was granted entry clearance, leave to enter or leave to remain as:
(i) a Jewish Agency Employee,
(ii) a Member of the Operational Ground Staff of an Overseas-owned Airline,
(iii) a Minister of Religion, Missionary or Member of a Religious Order,
(iv) a Qualifying Work Permit Holder,
(v) a Representative of an Overseas Newspaper, News Agency or Broadcasting Organisation
less than 5 years before the date that his last grant of entry clearance, leave to enter or leave to remain expires, and
(c) has not been granted leave in any categories other than those listed in (b) above under the rules in place since 28 November 2008.
9. 10 points will be awarded in the cases referred to in row 2 of the table above if the applicant has ever been granted:
(i) leave as a Tier 2 (General) Migrant under the rules in place on or after 6 April 2011, provided that when he was granted
that leave he obtained points for the level of English language in row 2 of the table above,
(ii) leave to remain as a Tier 1 (Exceptional Talent) Migrant, or
(iii) leave as a Tier 2 (Minister of religion) Migrant, provided that when he was granted that leave he obtained points for English language from this paragraph, paragraph 6(a) or 6(b) above, or paragraph 10 below.
10. 10 points will be awarded in the cases referred to in row 3 of the table above if the applicant has ever been granted
leave as:
(i) a Minister of Religion, provided the leave was granted on or after 19 April 2007, or
(ii) a Tier 2 (Minister of Religion) Migrant, provided that when he was granted that leave he obtained points for English language from paragraph 6(a), 6(b) or 10(a) above.
11. 10 points will be awarded if the applicant:
(a) is applying for leave to remain as a Tier 2 (Minister of Religion) Migrant,
(b) has been granted entry clearance, leave to enter and/or leave to remain as a Minister of religion, Missionary or Member of a religious order less than 5 years before the date that his last grant of entry clearance, leave to enter or leave to remain expires, and
(c) has not been granted leave in any categories other than those listed in (b) above under the rules in place since 28 November 2008.