The British Nationality Act (1981) governs, amongst other things, the requirements for naturalisation as a British citizen. In particular, the Act outlines specific rules relating to the English Language and Life in the UK Test requirements (contained within Paragraph 1(1)(c) and 1(1)(ca) of Schedule 1 to the Act). Both of these are key criteria which most applicants will need to satisfy in order to successfully naturalise as a British citizen. However, the rules do (in some limited circumstances) provide exemptions in certain cases which allow naturalisation applications to proceed without having to satisfy one or both of these requirements. Therefore, in this article, we will explore the different exemptions to the English Language and Life in the UK requirements that apply in naturalisation applications.
What are the Life the UK & English Language Tests?
For our purposes, the British Nationality Act requires that individuals applying for naturalisation must be able to show (in addition to the other requirements under Paragraph 1 of Schedule 1 to the 1981 Act) that:
- They have sufficient knowledge about British society and life here and;
- They have sufficient mastery of the English, Welsh or Scottish Gaelic language.
This first requirement is usually satisfied by passing a 'Life in the UK' test (which is a series of 24 questions about 'British traditions and customs').
The 'language' requirement can be satisfied in several ways, for example: by being a national of a majority English speaking country, or having a UK degree certificate, or a degree taught or researched in a majority English speaking country, or a degree taught or researched in a non-majority English speaking country (and supported by an Academic Qualification Level Statement & English Language Proficiency Statement from Ecctis) or finally, by passing a 'Secure English Language Test' at an approved test centre and at the appropriate level (which for naturalisation applications is CEFR level B1).
Importantly, on these 'Secure English Language Tests', guidance published on the Government's website makes clear that whilst some of these qualifications only last two years, they can still be relied on when applying for citizenship in some cases, specifically:
"You can use a B1, B2, C1 or C2 level qualification that's run out if both of the following are true:
- you're applying for citizenship
- it was accepted when you settled in the UK.
"It does not matter if the test you took is not on the current list of recognised tests. You do not need to take another test."
Therefore, from a practical standpoint, it will often be the case that, "non-EU applicants will have already passed the Life in the UK Test and proved their language skills as it has been a requirement for obtaining indefinite leave to remain since April 2007" (House of Common Library Briefing Paper 2019). Therefore, as outlined in the Briefing Paper, where an applicant has "already passed the Life in the UK test [they] do not need to do so again for naturalisation" and additionally any "English language qualifications provided for settlement purposes can be re-used for naturalisation". In light of this, it may be that many individuals already satisfy these requirements without needing to consider any of the following exemptions.
What are the Exemptions to the English Language and Life in the UK Test Requirements for Naturalisation as a British Citizen?
The Home Office's guidance makes clear that anyone applying for naturalisation must meet the English Language and Life in the UK test requirements discussed above unless they are exempt "because of their age, physical, mental condition or they are exempt under the Windrush scheme". Paragraph 2(1)(e), Schedule 1 of the British Nationality Act (1981) itself outlines that the Secretary of State can:
"waive the need to fulfil either or both of the requirements specified in paragraph 1(1)(c) and (ca) if he considers that because of the applicant's age or physical or mental condition it would be unreasonable to expect him to fulfil that requirement or those requirements."
Therefore, the Act identifies two specific exemptions (On the basis of 'Age' and 'Physical or Mental Conditions') with the guidance establishing a third exemption in the case of applicants seeking to naturalise via the Windrush Scheme. Each of these exemptions will be explained in greater detail below.
Age-related Exemption:
The guidance makes clear that where an applicant is aged 65 or older, decision-makers must waive the English Language and Life in the UK requirements. This means that any applicants above this age will automatically be exempt from having to pass both the English Language and Life in the UK Test. If an applicant is seeking to rely on this age-based exemption, they will need to demonstrate to the caseworker that they are in fact, over 65. This can be done relatively easily through providing valid proof of age, such as a passport, birth certificate, or EEA identity card.
The matter is more complex where an applicant is aged between 60 – 64 years old. Here, the guidance says that decision-makers 'must usually' waive the English Language and Life in the UK requirements where "the time needed to reach the required standard means that the applicant would then be aged 65 or over".
Lastly, the guidance states that where an applicant is under 60 years old, caseworkers must not normally waive the English language and Life in the UK requirement based on age alone.
Physical or Mental Condition Exemption:
Home Office decision-makers also have a discretion (but not a mandatory duty) to exempt individuals who are suffering from a long term physical or mental condition from needing to satisfy the English Language and/or Life in the UK requirement when making a naturalisation application.
The guidance provides that a caseworker should use this discretion where:
- The Applicant is suffering from a long-term illness or disability that severely restricts their ability to learn English or prepare for the Life in the UK test;
- The Applicant has a mental condition which prevents them from speaking or learning English to the standard required for Naturalisation applications.
The Guidance goes on to explain that decision-makers should consider how an applicant's particular condition affects their ability to take a Life in the UK or English Language test. As an example, the guidance outlines that discretion might be used where an applicant is:
- Deaf;
- Without Speech (Mute);
- Suffering from a Speech Impediment that limits their ability to communicate in the relevant language.
Where an individual believes that they qualify for an exemption based on a physical or mental condition, the next step would be for a qualified medical professional to complete an 'Exemption Form' (which can be found here) on the individual's behalf. Once completed, the form (along with any additional medical reports or letters from medical professionals outlining the individual's medical conditions) should be provided along with the naturalisation application form.
It is important to bear in mind that relying on a physical or mental illness is not an automatic exemption. The Home Office's Guide AN specifically states that: "Only if your condition prevents you permanently from meeting these requirements would we consider an exemption. Temporary illnesses, such as depression or stress, would not normally be grounds for exemption". As such, it will often be necessary to seek detailed legal advice in order to determine whether a specific condition could cross this legal threshold.
Windrush Exemption:
Aside from the two specific exemptions outlined in Schedule 1 of the BNA (1981) itself, the guidance also identifies a third exemption under the 'Windrush Scheme'. The Windrush Scheme was enacted against the backdrop of the Windrush Scandal, and was intended to "help the Windrush generation to prove their settled status (or right of abode), or to apply for British citizenship". A full discussion of the Windrush scheme and its specific requirements has been discussed in previous blog posts but, for our purposes, where an individual is seeking to naturalise through the Windrush Scheme, the Windrush Scheme casework guidance tells us that:
"In respect of a Commonwealth citizen who was settled in the UK on 1 January 1973, when deciding a citizenship application for this group, you will accept that this requirement is met because of the close historical links and the shared institutions which means that those in this group have a sufficient knowledge of language and life in the UK to meet the relevant statutory requirements for British nationality."
Based on this, an applicant could also automatically be accepted as having sufficient knowledge of language and life in the UK for the the purposes of a citizenship application when they are applying through, and have satisfied the specific requirements of the Windrush route.
Conclusion
As will hopefully have been seen from this article, whilst it is usually the case that those applying to naturalise will need to satisfy both the English Language and Life in the UK test requirements, there are certain scenarios where these standard requirements can be disapplied. Given that these are exceptions to the rules which usually apply, the threshold for qualifying for these exemptions is high and therefore, careful consideration of the facts of each case will be needed to determine if any of the exemptions discussed here can be used in a naturalisation application.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.