As of 6 April 2011, migrants in the skilled and highly skilled categories are now required to pass the Life in the UK test to demonstrate their knowledge of language and life (KOL) requirements when making an application for settlement. Migrants will no longer be able to rely on passing the English for Speakers of Other Languages (ESOL) qualification unless they are covered by the transitional arrangements to demonstrate their KOL requirement. Migrants in the following categories are affected by the new change:
- Tier 1 (Exceptional talent)
- Tier 1 (General)
- Tier 1 (Entrepreneur)
- Tier 1 (Investor)
- Tier 2 (Intra company transfer)
- Tier 2 (General)
- Tier 2 (Minister of religion)
- Tier 2 (Sportsperson)
- work permit holder
- highly skilled migrant (excluding those covered by the HSMP ILR Judicial Review policy document)
- representative of an overseas newspaper, news agency or broadcasting organisation
- representative of an overseas business
- overseas government employee
- minister of religion, religious missionary, or member of a religious order
- airport-based operational ground staff of overseas-owned airlines
- person intending to establish themselves in business
- innovator
- person intending to establish themselves in business under the provisions of EC Association Agreements
- investor
- writer, composer or artist
Any migrants who enrolled on an ESOL course or gained the qualification prior to 23 November 2001 will be able to make an application under the transitional arrangements and rely on the same to meet the KOL requirement – regardless of the date of application.