The British Nationality (General) Regulations 2003

[F1 Knowledge of language and life in the United Kingdom U.K.

5A.— (1) [F2 Subject to paragraph (1A),] a person has sufficient knowledge of the English language for the purpose of an application for naturalisation as a British citizen under section 6 of the Act if that person—

[F3 (a) has passed a test known as a Secure English Language Test administered by an English language test provider which has been approved by the Secretary of State for this purpose and which-

(i) is at a level equivalent to level B1 or above on the Council of Europe’s Common European Framework of Reference for Languages: Learning, Teaching, Assessment; and

(ii) was taken no more than two years before the date of the application for naturalisation; or]

(b) possesses an academic qualification deemed by UK NARIC to meet the recognised standard of a Bachelor’s or Master’s degree or PhD in the United Kingdom and—

(i) UK NARIC has confirmed that the qualification was taught or, as the case may be, researched in English; or

(ii) the qualification was taught or, as the case may be, researched in an English speaking country specified in Schedule 2A other than Canada; or

(c) is ordinarily resident outside the United Kingdom and a person designated by the Secretary of State certifies in writing that the person has sufficient knowledge of the English language for the purpose of an application for naturalisation; or

(d) satisfied the Secretary of State when making a successful application for indefinite leave to remain within the meaning of section 33(1) of the Immigration Act 1971 that he or she possessed a qualification or had passed a test in English at a level equivalent to Level B1 or above on the Council of Europe’s Common European Framework of Reference for Languages: Learning, Teaching, Assessment; or

(e) is a national of an English speaking country specified in Schedule 2A [F4 ; or

(f) is a relevant pre-1973 entrant; or

(g) is not within sub-paragraph (f) but is an eligible child of a pre-1973 entrant.]

[F5 (1A) Where the Secretary of State has reasonable grounds to suspect that a person used deception in relation to a test or qualification mentioned in sub-paragraph (a), (b) or (d) of paragraph (1) and relied upon by that person in his or her application for naturalisation, the Secretary of State may—

(a) disregard that test or qualification; and

(b) require that person to take or (as the case may be) retake and pass a test specified in Schedule 2A for the purpose of demonstrating that he or she has sufficient knowledge of the English language.]

(2) [F6 Subject to paragraph (3),] a person has sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation as a British citizen under section 6 of the Act if that person—

(a) has passed the test known as the “Life in the UK Test” administered by an educational institution or other person approved for this purpose by the Secretary of State or the Lieutenant Governor of the Isle of Man; or

(b) has passed the test known as the “Citizenship Test” administered by an educational institution or other person approved for this purpose by the Lieutenant Governor of Guernsey or Jersey; or

(c) is ordinarily resident outside the United Kingdom and a person designated by the Secretary of State certifies in writing that the person has sufficient knowledge about life in the United Kingdom for the purpose of an application for naturalisation [F7 ; or

(d) is a relevant pre-1973 entrant; or

(e) is not within sub-paragraph (d) but is an eligible child of a pre-1973 entrant.]

[F8 (3) Where the Secretary of State has reasonable grounds to suspect that a person used deception in relation to a test mentioned in sub-paragraph (a) or (b) of paragraph (2) and relied upon by that person in his or her application for naturalisation, the Secretary of State may—

(a) disregard that test; and

(b) require that person to retake and pass the test mentioned in sub-paragraph (a) or (b) of paragraph (2) for the purpose of demonstrating that he or she has sufficient knowledge about life in the United Kingdom.]

[F9 (4) In this regulation “relevant pre-1973 entrant” means a person who is within paragraph (5) or (6).

(5) A person is within this paragraph if the person—

[F10 (a) held indefinite leave to enter or remain in the United Kingdom or any of the Islands within the meaning of section 33(1) of the Immigration Act 1971 as at 1st January 1973; and

(aa) holds such leave (whether or not that leave has been held continuously since 1st January 1973); and]

(b) was, on 1st January 1973—

(i) a national of a country specified in Schedule 2B (certain members of the Commonwealth and British overseas territories etc.);

(ii) a citizen of the United Kingdom and Colonies by virtue of a connection with a country or territory specified in that Schedule; or

(iii) a British subject without citizenship (see sections 13 and 16 of the British Nationality Act 1948 as then in force).

(6) A person is within this paragraph if the person—

(a) has the right of abode in the United Kingdom or any of the Islands by virtue of section 2(1)(b) of the Immigration Act 1971 (certain Commonwealth citizens with the right of abode);

(b) was, on 1st January 1973, ordinarily resident in the United Kingdom or any of the Islands; and

(c) has strong ties with the United Kingdom or any of the Islands.

(7) For the purposes of this regulation, a person (“C”) is an eligible child of a pre-1973 entrant if C—

(a) is the child (including an adopted child) of—

(i) a person who is (or was at the time of their death) a relevant pre-1973 entrant;

(ii) a person who is (or was at the time of their death) a British citizen and was, immediately before they became a British citizen, a relevant pre-1973 entrant; F11 ...

(iii) a pre-1973 deceased entrant; [F12 or]

[F13 (iv) a person who would be (or would have been at the time of their death) a relevant pre-1973 entrant but for a subsequent lapse in their indefinite leave to enter or remain in the United Kingdom or any of the Islands;]

(b) was born outside the United Kingdom and the Islands;

(c) entered the United Kingdom or any of the Islands on or after 1st January 1973 and was, at the time of entry, under the age of 18; and

(d) is settled in the United Kingdom or any of the Islands and has, since C’s entry as mentioned in sub-paragraph (c), been ordinarily resident in the United Kingdom or any of the Islands.

(8) In paragraph (7) “pre-1973 deceased entrant” means a person who—

(a) died before 1st January 1973;

(b) was settled in the United Kingdom or any of the Islands before their death; and

(c) was, immediately before they died—

(i) a national of a country specified in Schedule 2B;

(ii) a citizen of the United Kingdom and Colonies by virtue of a connection with a country or territory specified in that Schedule; or

(iii) a British subject without citizenship.

(9) In paragraphs (5) to (8) “the United Kingdom” means England and Wales, Scotland and Northern Ireland.

(10) For the purposes of this regulation, a reference to a country or territory in Schedule 2B includes a reference to any former country or territory which forms part of the country or territory concerned.]]

Textual Amendments

F1 Reg. 5A substituted (28.10.2013) by The British Nationality (General) (Amendment) Regulations 2013 (S.I. 2013/2541), regs. 1, 3

F2 Words in reg. 5A(1) inserted (6.4.2015) by The British Nationality (General) (Amendment No. 2) Regulations 2015 (S.I. 2015/681), regs. 1, 3(2)

F3 Reg. 5A(1)(a) substituted (1.10.2019) by The British Nationality (General) (Amendment) Regulations 2019 (S.I. 2019/1242), regs. 1(1), 2(2)

F4 Reg. 5A(1)(f)(g) and word inserted (30.5.2018) by The Immigration and Nationality (Requirements for Naturalisation and Fees) (Amendment) Regulations 2018 (S.I. 2018/618), regs. 1(2), 2(2)

F5 Reg. 5A(1A) inserted (6.4.2015) by The British Nationality (General) (Amendment No. 2) Regulations 2015 (S.I. 2015/681), regs. 1, 3(3)

F6 Words in reg. 5A(2) inserted (6.4.2015) by The British Nationality (General) (Amendment No. 2) Regulations 2015 (S.I. 2015/681), regs. 1, 3(4)

F7 Reg. 5A(2)(d)(e) and word inserted (30.5.2018) by The Immigration and Nationality (Requirements for Naturalisation and Fees) (Amendment) Regulations 2018 (S.I. 2018/618), regs. 1(2), 2(3)

F8 Reg. 5A(3) inserted (6.4.2015) by The British Nationality (General) (Amendment No. 2) Regulations 2015 (S.I. 2015/681), regs. 1, 3(5)

F9 Regs. 5A(4)-(10) inserted (30.5.2018) by The Immigration and Nationality (Requirements for Naturalisation and Fees) (Amendment) Regulations 2018 (S.I. 2018/618), regs. 1(2), 2(4)

F10 Reg. 5A(5)(a)(aa) substituted for reg. 5A(5)(a) (1.12.2020) by The British Nationality (General) (Amendment) Regulations 2020 (S.I. 2020/1141), regs. 1(1), 2(2)

F11 Word in reg. 5A(7)(a)(ii) omitted (1.12.2020) by virtue of The British Nationality (General) (Amendment) Regulations 2020 (S.I. 2020/1141), regs. 1(1), 2(3)(a)

F12 Word in reg. 5A(7)(a)(iii) inserted (1.12.2020) by The British Nationality (General) (Amendment) Regulations 2020 (S.I. 2020/1141), regs. 1(1), 2(3)(b)

F13 Reg. 5A(7)(a)(iv) inserted (1.12.2020) by The British Nationality (General) (Amendment) Regulations 2020 (S.I. 2020/1141), regs. 1(1), 2(3)(c)