English Language Requirement for Spouse Visa and Exemptions to English Test

If you are applying for a UK spouse/partner visa, one of the eligibility criteria you will need to meet is the English language requirement. The English language requirement for the UK spouse visa requires you to demonstrate that you can speak and understand English to a good level. This is an important factor in making a successful spouse visa application, as the Home Office will use this to determine whether you will be able to integrate into life in the UK.

In this article, we will outline the English language requirements for the spouse visa, the requirements for a spouse visa extension, and the long-term health conditions and exceptional circumstances for exemption from the English language requirement.

English language requirements for Spouse visa

When you first apply for a spouse/partner visa, you can meet the English language requirement by passing an approved English language test of at least level A1 on the Common European Framework of Reference for Languages (CEFR) scale. This must have been completed with a Home Office-approved provider.

English test for spouse visa guidelines

Under the immigration rules, English language test results are valid for a period of 2 years. It is important to ensure that when you apply for your spouse's visa, your English language test certificate is still valid. Submitting an out-of-date test certificate may result in your application being refused or delayed.

As mentioned above, your secure English language test (SELT) must be carried out with an approved provider. If you are currently located in the UK, you can only take a SELT with one of the following testing providers:

• LanguageCert
• Pearson
• Trinity College London
• IELTS SELT Consortium

Spouse visa applicants located outside the UK must take a SELT with one of the following testing providers:

• LanguageCert
• Pearson
• PSI Services (UK) Ltd
• IELTS SELT Consortium

In order for your English language test to be accepted by UK Visas and Immigration (UKVI), it must be:

• On the list of approved English language tests, i.e.:
  • Pearson: ‘PTE Academic UKVI’ or ‘PTE Home’
  • PSI Services: ‘Skills for English UKVI’
  • Trinity College London: ‘Secure English Language Tests for UKVI’ – Integrated Skills in English (ISE) or Graded Examinations in Spoken English (GESE)
  • IELTS SELT Consortium: ‘IELTS for UKVI’ or ‘IELTS Life Skills
  • LanguageCert: ‘LanguageCert International ESOL SELT’
• Taken at an approved test location, and
• Have been awarded in the two years immediately prior to your application

When you attend your English language test, you will need to provide some valid identification documents; these may include you:

• Passport
• UK Biometric Residence Permit
• UK Biometric Residence Card
• Convention travel document
• Stateless persons' travel document

English test for spouse visa extension

If you are applying for a spouse visa extension after 2.5 years, you will need to meet the English language requirement again. However, you will now need to meet or exceed the higher A2 CEFR level in speaking and listening.

English language requirement exemptions for Spouse visa

You will be exempt from the English language requirement if you are:

• Under 18 or over 65 years
• From an English-speaking country (see below for more details)
• A holder of a degree or academic qualification taught or researched in English
• An adult coming to the UK to be cared for by a relative
• Already in the UK and have been on a family visa for 5 years that you want to extend as a partner or parent
• Diagnosed with a health condition that means you cannot meet the requirement

We will elaborate on some of the exemption criteria further later in this article.

Countries exempt from English language requirement for Spouse visa

Under the current English language guidance for spouse visa applicants, you will not need to prove your knowledge of English if you are a citizen of one of the following exempt countries:

• Antigua and Barbuda
• Australia
• the Bahamas
• Barbados
• Belize
• the British overseas territories
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• Malta
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• USA

Academic qualifications exempt from Spouse visa English test

If you have a degree or a higher level academic qualification that was taught in English, you may be exempt from taking the spouse visa English test. To qualify for the English language exemption, the qualification must be equivalent to a UK Bachelor’s degree, Master’s degree, or Ph.D. To qualify for this exemption, you will need to:

• Have your academic qualification been validated by Ectiss. Ectiss will give you a statement of comparability or a visa and nationality statement to prove your qualification meets the requirements.
• Provide evidence to show that you hold the qualification and that it was taught or researched in English.

If you received your qualification from one of the following countries, you will need a ‘statement of comparability’ from Ectiss:

• Antigua and Barbuda
• Australia
• the Bahamas
• Barbados
• Belize
• Dominica
• Grenada
• Guyana
• Ireland
• Jamaica
• Malta
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• USA

You will need to provide your original academic qualification certificate showing your name, award, date of award, the name of the awarding institution, and confirmation that the course was taught or researched in English.

Long-term health conditions exempt from Spouse visa English requirement

You will not need to prove your knowledge of English if you have a long-term physical or mental condition that prevents you from doing so. You will need to ask your doctor to complete a ‘Waiver request for the knowledge of language and life in the UK requirement: medical opinion”, explaining why you should be exempt from the spouse visa English language requirement. Long-term health conditions may include if the applicant is deaf, mute, has a speech impediment, or specific conditions such as dysphasia or aphasia, which make it difficult to talk.

UKVI will exercise discretion when determining if you have a health condition that means you are exempt from the English language requirement and will look at each scenario on a case-by-case basis. If you are unable to provide sufficient evidence to the Home Office that you have a genuine health condition that may hinder you from learning or communicating in English, they may refuse your application.

Exceptional circumstances for English requirement for spouse visa exemption

If exceptional circumstances apply, you may be exempt from meeting the English language requirement. There is no definitive list of exceptional circumstances, but you need to show that there is a genuine reason why you have been unable to learn English before coming to the UK or it is not practicable or reasonable for you to travel to another country to take an approved SELT. Exceptional circumstances may include where you:

• Live in a country with international or internal armed conflict
• Live in a country where is or has been a humanitarian disaster
• Have been hospitalised for several months
• Are the full-time carer of a disabled child who is also applying to come to the UK
• Are a long-term resident of a country with no approved A1 test provision, and it is not practicable or reasonable for you to travel to another country to take a test

If you need any help with your spouse visa application, speak to one of our friendly and experienced immigration solicitors in complete confidence at 020 3744 2797 or by email at info@reissedwards.co.uk.