Any person seeking to visit the UK with a visa is required to pass an IELTS test, as set out by the Immigration Rules Appendix English Language. There are two types of tests, as different immigration routes require different levels of English language ability. Although the tests purport to cater to different visa requirements, there are concerns that the exemption clause, test fees, and limited availability of the test fail to accommodate all nations in their pursuit of a visa.
The classification of Tests:
The relevant test Applicants need to take depends on which visa route they are opting for.
For the following visa routes, Applicants are required to take a test that assesses their reading, writing, speaking and listening abilities:
- Innovator, Start-up, Skilled Worker, Minister of Religion, Student
For the following application routes, applicants are required to take a test that assesses their speaking and listening abilities:
- Sportsperson, Representative of an Overseas Business, Partner, Parent, Settlement (also known as indefinite leave to remain), Citizenship
The level of test Applicants are required to sit and pass, known as the Common European Framework of Reference for Languages (CEFR) level, will depend on which Immigration route the Applicant is applying through.
Exemption Clause Concerns:
Nations that are exempt from the English Language Requirements include those countries that are majority English Speaking.
Despite these being primarily Commonwealth countries, there are certain commonwealth countries excluded from the list including India, Ghana and Kenya amongst others.
While the Home Office argues that these Commonwealth countries that have been exempted are not “majority English speaking,” countries like Ghana do consider English as their official language while India and Kenya both have two official languages, one of which is English.
Countries like Malta, whom are exempt from the English language requirement, also have two official languages. The contrasting rules for different countries leaves ambiguity to what is considered by the Home Office when establishing what a “majority English speaking” country is.
Cost Concerns:
The fee for taking the English Language Test depends on the country where the test is being taken. The controversy on this issue is whether the test is too costly and whether the price serves as an obstacle for people to enter the United Kingdom for educational, work, or other purposes where the requirement is compulsory. The price for the test in stronger economies such as Hong Kong, Russia, France, and Spain is more costly than the pricing in weaker economies like Pakistan, Malaysia, and India. For example, the price to sit the test in Hong King is £257, whereas the fee in Pakistan is £138. Thus seemingly, the UK Home Office did take into consideration the purchasing power of the economies when regulating the price of the tests making accommodations for the weaker economies by setting lower prices.
The test fee can be expensive, and this, in addition to the cost of the visa itself and immigration health surcharge for people such as students or skilled workers, adds to the costs for those who seek to enter the United Kingdom for work or study. The Home Office should then consider either lowering the price of the test or providing some more lenient waivers against paying fees.
Availability Concerns:
According to the Home Office data, secure English language tests are available in 134 countries and territories; however, this leaves people in 67 countries who wish to travel to the United Kingdom, having to travel abroad to sit and pass the exam first.
Furthermore, a majority of the test centres are located in country capitals or big cities forcing students and workers who are obligated to complete the test to travel from their own locations to cities for the approved test centres. This, once again, is a substantial cost particularly for low-income individuals who must take off work or school, travel and arrange for accommodations. The Home Office must look for methods of simplifying this process and perhaps providing for an online, remote option of administering the test a system which is manageable to establish particularly in this new age of technology.
While the Home Office may argue that the approved test centres are required to curb any concerns of cheating, the Home Office have previously been criticised and accused of carrying out a “shocking miscarriage of justice” where they wrongly accusing just over 10,000 international immigrants of cheating in their English Language Exams at approved Home Office test centres. These exams were required to be sat by Applicants as part of their visa application requirement. Thus, this does not increase the credibility of approved centres in any way.
In Summary
The IELTS testing requirements are designed to evaluate English language proficiency for UK-visa purposes, with the aim of being flexible. However, the exclusion of English-speaking commonwealth countries from exemption clauses, high costs, and limited availability in over 60 nations cause the test to fall short on this objective.
Consequently, the Home Office can look to implement a more flexible, affordable, and inclusive system of administering the English test requirement. There are alternative options that can be suggested to the Home Office, such as those mentioned: remote access to the test, more affordable testing and less ambiguity as to what amounts to an ‘English-speaking’ nation. We are interested in the new changes that may be bought by the Home Office regarding sitting the IELTS exams in the future.
Alleena-Akhtar is a Trainee Solicitor in the Private Immigration department at Duncan Lewis Solicitors. She has significant experience assisting clients with Spouse Visa Applications, Visit Visa Applications, Indefinite Leave to Remain Applications, Further Leave to Remain Applications, Deportation Appeals, and Debated Nationality.
For more information contact Alleena-Akhtar at AlleenaA@Duncanlewis.com or call 02031141290.