The British Nationality (General) (Amendment) Regulations 2010

Amendments to the British Nationality (General) Regulations 2003

3.—(1) For regulation 5A(1)(a)(1) (knowledge of language and life in the United Kingdom) substitute—

“(a) (i) he has attended a course at an accredited college;

(ii) the course used teaching materials derived from the document entitled “Citizenship Materials for ESOL Learners”(2);

(iii) he has demonstrated relevant progress in accordance with paragraph (2); and

(iv) he has attained a relevant qualification; or”.

(2) In regulation 5A(1)(c) after “for this purpose” insert—

“; or

(d) the Secretary of State has previously accepted that he has sufficient knowledge of language and sufficient knowledge about life in the United Kingdom when granting the person Indefinite Leave to Remain”.

(3) For regulation 5A(2)(3), substitute—

“(2) A person has demonstrated relevant progress if he meets the requirements of paragraph (3) or (4).”.

(4) After regulation 5A(2) insert—

“(3) The requirements in respect of a relevant qualification awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009(4) are that the person provides evidence to the Secretary of State that —

(a) prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of language ability; and

(b) he has successfully completed a course of study leading to a relevant qualification; and

(c) having been assessed in accordance with paragraph (a) as being below Entry 1, he has attained a relevant qualification at Entry 1, 2 or 3; or

(d) having been assessed in accordance with paragraph (a) as being at Entry 1, he has attained a relevant qualification at Entry 2 or 3; or

(e) having been assessed in accordance with paragraph (a) as being at Entry 2, he has attained a relevant qualification at Entry 3.

(4) The requirements in respect of a relevant qualification approved by the Scottish Qualifications Authority are that the person provides evidence to the Secretary of State that—

(a) prior to his commencing a course of study leading to a relevant qualification an ESOL assessment was undertaken by a suitably qualified person to assess his level of language ability; and

(b) he has successfully completed a course of study leading to a relevant qualification; and

(c) having been assessed in accordance with paragraph (a) as being below Access 2, he has attained a relevant qualification at Access 2 or 3 or at Intermediate 1 level; or

(d) having been assessed in accordance with paragraph (a) at Access 2, he has attained a relevant qualification at Access 3 or Intermediate 1 level; or

(e) having been assessed in accordance with paragraph (a) at Access 3, he has attained a relevant qualification at Intermediate 1 level.

(5) In this regulation:

(a) an “accredited college” is:

(i) a publicly funded college that is subject to inspection by the Office for Standards in Education, Children’s Services and Skills (if situated in England), the Education and Training Inspectorate (if situated in Northern Ireland), Her Majesty’s Inspectorate of Education (if situated in Scotland), Estyn (if situated in Wales), or an inspection programme that has been approved by the Island’s Government (if situated in the Channel Islands or Isle of Man); or

(ii) a private college accredited by Accreditation UK, the British Accreditation Council, the Accreditation Body for Language Services, the Accreditation Service for International Colleges;

(b) a “relevant qualification” is:

(i) an ESOL qualification in speaking and listening which is awarded or authenticated by a body which is recognised by the Office of Qualifications and Examinations Regulation (Ofqual) under section 132 of the Apprenticeships, Skills, Children and Learning Act 2009 and is determined by Ofqual as being at Entry Level; or

(ii) one National Qualifications Unit in ESOL at Access 2, Access 3 or Intermediate 1 level approved by the Scottish Qualifications Authority;

(c) a “suitably qualified person” is a person who is deemed suitably qualified by the institution in which the assessment is undertaken.”.

(1)

Regulation 5A was inserted by regulations 2 and 3 of S.I. 2004/1726; and substituted by regulations 2 and 3 of S.I. 2005/2785.

(2)

ISBN 1-84478-5424.

(3)

Regulation 5A(2)(a) was amended (except in relation to the Channel Islands, the Isle of Man and the British Overseas Territories) by S.I. 2010/677.

(4)

2009 c.22.