British Citizenship

[topdamiano]

Hello Everybody,

My partner is a British Citizen (naturalized). She was informed by the Home Office about this fact in August 2018, and sworn on 4th October 2018. She has lived legally in the UK (continuously) since 2006 (May) therefore 14 years.
According to your best knowledge will she be asked to provide a language certificate?
We want to apply for SMC visa in June. Should we delay this process (by how much time?) to get SMc without providing this certificate? Or it is pointless, and she should take that test.
By the book, you have to have ‘the citizenship’ plus years in an English Speaking country.
Will the fact that - she is going to claim points for 10 years of skilled employment - help to justify her language abilities? She works as a production controller.

[Kelerei]

The exemptions for having to provide an acceptable English test result seem to be the same regardless of whether your partner is a principal or dependent applicant (see SM4.5 and SM4.10):

• Citizenship of Canada, the Republic of Ireland, the United Kingdom or the United States of America, provided the applicant has spent at least five years in work or education in one or more of those countries or Australia or New Zealand; or
• A recognised qualification (SM8) comparable to a New Zealand level 7 bachelor’s degree and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least two academic years in one or more of those countries; or
• A recognised qualification (SM8) comparable to a New Zealand qualification at level 8 or above and gained in Australia, Canada, New Zealand, the Republic of Ireland, the United Kingdom or the United States of America as a result of study undertaken for at least one academic year in one or more of those countries.

Keep in mind though, that immigration officers have the power to request an English language test result regardless if any of the above exemptions applies (or, of course, if they determine that none of those exemptions applies after all).

The only difference between principal and dependent applicants in terms of English language requirements seems to be that, if an English language test is required, the dependent applicant has lower "pass marks" to attain compared with the principal applicant. However, keep in mind that a dependent applicant claiming bonus points for either skilled employment in New Zealand or recognised qualifications can only claim said bonus points if the dependent applicant meets the same English language requirements as expected of principal applicants (see SM4.15).

I can't tell you whether those exemptions apply to you and your partner's situation. If you cannot determine yourself after going through the immigration instructions that I linked for you, you should get advice from a LIA.

In terms of whether you should delay your SMC application or not, here's a blog post (written by an LIA) strongly making the argument that you shouldn't delay (post edit: here's a follow-up to that original post). Read into this as you will.

[topdamiano]

Hi Kelerei,

Thank you for your contribution.

In fact my partner is going to be the main applicant (She is going to claim 30 points for her age, 70 points for her master's degree, and 50 points for her skilled work experience - this was confirmed a year ago by an Immigration Advisor). The only riddle is, whether the authorities are going to ask her for a proof of her language skills.

My modest person (on her application) is going to act as a "starter" only, as I am going to claim 20 points for my Master's degree (eligibility confirmed by an advisor a year ago). Both diplomas (hers and mine come from a non English speaking countries).

The only difference is, that I hold a language certificate, with enough points on (FCE, Over 176 points) - thus, the Immigration Authorities should leave me alone, whereas in her case we really do not know.


The common sense would suggest to follow the Murphy's law, namely: If something can go wrong, it will. Therefore, they will (quite likely) ask for this certificate...which means more
bureaucracy, stress and time and money..

[JandM]

bureaucracy, stress and time and money

Anyone who has an application in to INZ has to regard all that as a state of nature! You're not alone... sympathies.