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The Life in the UK test has been around for several years and is a requirement for anyone applying for Indefinite Leave to Remain or British Citizenship.

However, what happens if someone is unable to pass the test? Are there any exemptions? In this article, Waseem Nazir discusses the law and guidance relating to the Life in the UK test and its exemptions. He also provides an example of a case in which Batley Law successfully argued an exemption for a client.

What is the Life in the UK Test?

The Life in the UK test is designed to test a person’s knowledge of life in the UK and is based on British history, modern culture and values. The test is carried out under controlled conditions. Candidates have 45 minutes to answer 24 multiple-choice questions covering various aspects of British life, traditions, politics, and customs. A passing score requires correctly answering at least 18 out of 24 questions (75%).

What are the exemptions to the Life in the UK Test?

The Immigration Rules set out the following exemptions:

(a) the applicant is under 18 years of age at the date of his or her application, or

(b) the applicant is at least 65 years of age at the date of his or her application, or

(c) in all the circumstances of the case, the decision-maker considers that, due to the applicant’s mental or physical condition, it would be unreasonable to expect the applicant to fulfil either or both parts of that requirement.

From the above, (a) and (b) are self-explanatory and straightforward. However, concerning (c), there is some debate regarding the requirements that must be met to qualify for this exemption. We therefore discuss this in greater detail below.

Exemption because of physical or mental condition?

The Home Office has published its guidance to caseworkers in regards to this, which says the following:

“There is discretion to waive the knowledge of language and life in the UK requirement if, because of a person’s physical or mental condition, it would be unreasonable for them to meet it.”

This is set out in:

  • Appendix KoLL of the Immigration Rules (for settlement applications)
  • paragraph 2(e) of Schedule 1 to the British Nationality Act 1981 (for naturalisation applications)

When to exercise discretion

You must exercise discretion if 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
  • has a mental condition which prevents them from speaking or learning English to the required standard

When a person provides evidence that they would be unable to satisfy one part of the requirement, it doesn’t necessarily imply they cannot meet the second part. Their condition might make it unreasonable to prepare for and complete the Life in the UK test, yet they may still be able to demonstrate proficiency in the English language through alternative methods of assessment.

How to exercise discretion

You must consider how the condition would prevent the applicant from taking the Life in the UK test or learning English. For example, discretion may be appropriate where an applicant:

  • is deaf
  • is a person without speech
  • has a speech impediment which limits their ability to communicate in the relevant language

Each application must be considered on its own merits and will depend on the facts in each case including whether the applicant is a national of a majority English-speaking country.

Life in the UK test centres and many colleges cater for a variety of disabilities, such as blindness. An applicant may be able to do the test even if they produce evidence of a disability.

You must also consider whether an applicant’s condition would prevent them from meeting both parts of the requirement or just one.

Evidence of physical or mental condition

If an exemption request lacks a completed medical waiver form from a relevant medical practitioner, the applicant should be allowed to provide it, unless the application is otherwise denied.

If an applicant fails to submit the completed waiver form when requested, you must evaluate their eligibility for the English language and Life in the UK Test based on available information. Any decision to refuse must clearly state that the applicant does not meet the language and/or life requirements, citing the absence of necessary evidence for a waiver.

Therefore, applicants with a documented long-term physical or mental disability that prevents reasonable participation in the test have a good chance of being granted an exemption.

CASE STUDY

Batley Law represented a client whose application for Indefinite Leave to Remain (ILR) was initially refused because she had not passed the Life in the UK test due to a mental health condition stemming from Post-Traumatic Stress Disorder (PTSD) following tragic family events. Despite providing a medical report from a psychologist as part of her application, the Home Office granted her further leave to remain instead of ILR.

Our immigration experts at Batley Law promptly initiated a judicial review application, arguing that the Home Office’s decision was unlawful for failing to consider the relevant medical evidence in accordance with its policy. After filing for judicial review, the court granted permission, prompting the Home Office to withdraw its refusal and review the case anew.

Two months later, we were pleased to inform our client that the Home Office had granted her Indefinite Leave to Remain (ILR). This outcome brought immense relief to our client, who had already endured significant challenges.

Trust Batley Law with your case today and you can experience the same peace of mind with our expert guidance. Our dedicated team is committed to securing the best results for our clients. Experience the difference with Batley Law.

FAQs

Life in The UK Test Practice

Focus your studies on British life, traditions, politics and customs to help practice for the Life in the UK Test.

Life in The UK Test Questions

Following are the types of questions that may appear on the Life in the UK Test:

  • When did the first Christian communities appear in Britain?
  • Where is the Cenotaph located?
  • Who appoints “Life peers”?
  • What created the United Kingdom of Great Britain and Ireland?
  • What was the Chartists campaign for?

Who is exempt from Life in the UK test?

Children under the age of 18 and adults over 65 years of age are automatically exempt from the Life in the UK test.

What conditions qualify for an exemption?

Other than age, individuals dealing with long-term illness, disability, or mental impairment that affects their mobility and ability to attend language classes or take the test can request an exemption from the Life in the UK Test.

How long does it take to get an exemption?

The processing time for exemptions can vary on a case-to-case basis. Get in touch with Batley Law and we can analyse your case and determine the processing time for you.

What if my situation changes after getting an exemption?

If your circumstances change after receiving an exemption for the Life in the UK test, it’s crucial to immediately inform the Home Office or the relevant authorities. This ensures that your immigration or citizenship status remains clear and avoids any potential complications, especially if you were exempted due to a medical condition or disability.

Waseem Nazir photo

By Waseem Nazir

Waseem Nazir is one of the specialist immigration lawyers at Batley Law. If you would like to speak to Waseem or any of our team, you can fill out our contact form and one of our team will be in touch.

The Law Society - Immigration & Asylum

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