NATECLA response to new language requirements - October 2013

NATECLA response to the new Knowledge of language and life in the UK requirement for settlement and naturalisation

NATECLA response to the new Knowledge of language and life in the UK requirement for settlement and naturalisation

NATECLA is the professional association for teaching ESOL and Community languages to adults.  We represent the views and interests of ESOL professionals and ESOL learners in the UK.  We would like to make the following points regarding the revised language requirements which came into effect on 28th October 2013.

Firstly, NATECLA would like to express strong regret over the Government’s decision to change the regulations relating to the language requirement and remove the option of applicants studying an ‘ESOL with Citizenship’ course and passing a Speaking and Listening qualification at Entry level.

We believe that the new requirement – for all applicants to pass the Life in the UK test AND have a speaking and listening qualification in English at B1 CEFR or higher (equivalent to Entry 3) will disadvantage many applicants who, even after several years, may not manage to reach the level required to pass the Entry 3 speaking and listening exam or the on-line citizenship test, particularly those with little previous education and/or weak literacy skills.

Many people with English language skills below B1 (Entry 3) are already successfully living in the UK, working and contributing to the economy and society. By raising the level to B1 (Entry 3) and requiring all applicants to take the on-line test, barriers to integration will be created. Some of the people worst affected by these new regulations will be spouses of those granted leave to remain after an asylum claim, many from war-torn areas; also, those whose families have been resident in the UK for two or three generations, actively contributing to the economy.
The previous requirement of an ESOL course with Citizenship materials, plus progression from one level to another and a valid ESOL Skills for Life qualification was well established and rigorous.  Feedback from learners on these courses was very positive as it provided them with the opportunity to develop confidence in living in a new country as well as improving their language skills.

Our main concern is the length of time it will take many applicants to meet the requirement, and the implications of this both on the applicants personally, financially and emotionally, and on ESOL providers. The extended period before partners can apply for settlement (from 2 to 5 years) will lead to increased insecurity and worry for families seeking to settle in the UK.

1. Applicants will need to study ESOL for much longer. For example, research undertaken in Australia indicated that 1,765 hours was needed to reach the standard necessary to do clerical work in an office, which could mean four years of ESOL classes. In 2012, Chris Taylor from NIACE calculated that, to get to Entry 3 Speaking and Listening (and presumably Reading too) an average E1 learner would need three years, and an E2 learner would need two years
2. If an applicant has very weak or no literacy skills, it may take many years to reach the required reading level to cope with the Life in the UK handbook, with some never being able to achieve this.
3. The resources needed to provide additional ESOL courses: apart from the obvious high cost to the learner, there are serious implications for providers – do they have the ability to put on extra classes and are there sufficient qualified teachers? 
4. The funding for ESOL provision has been significantly reduced in recent years, which has led to drastic cuts around the country and long waiting lists.  There should be an entitlement to learning/free ESOL provision (with childcare) from the time of arrival in the UK. Spouses in their first year of marriage are currently not eligible for funded provision which hinders those who wish to improve their English and integrate more quickly.  They also run the risk of ‘forgetting’ what they have learned before arrival in the UK.  Evidence shows that learning English is most effective in the early months/years of living in the UK when motivation is high and need is evident. 
5. There is a clear message for policy that it makes sense to enable and encourage all new spouses/partners to begin funded ESOL classes within their first year in the country, the time when it is most likely to be effective, rather than imposing time delays which militate against effective practice. Testimony from the EIF projects clearly supports this argument: more effective learning and greater cost effectiveness, benefits for the individual and the wider community in terms of employment, reduced reliance on translation and interpreters, and reduced likelihood of being on benefits.
6. The current uncertainties regarding funding policy cause huge difficulties: difficulties for colleges and providers in planning and resourcing courses, and difficulties for spouses/partners/dependants trying to find and pay for ESOL classes, especially for those on low incomes.
7. In addition, NATECLA believes that the introduction of the new income requirement (a minimum of £18,600 for people wishing to sponsor a partner to come to the UK, and higher if there are children) will have significant impacts on those wishing to bring their partners into the UK. It will disadvantage women (who earn less than men, on average) and some ethnic minority communities who earn less than the average wage. 
8. NATECLA is concerned that the introduction of these regulations contravenes Article 8 of the European Convention of Human Rights.

NATECLA would like to reiterate that ESOL provision should be an entitlement for all those who need it – a key to unlocking potential - rather than part of immigration policy. Investment in ESOL provision is vital to enabling migrants to realise their potential and make their contribution to the economy, society and our culture. 

NATECLA Management Council
29 October 2013

References:
 http://www.ukba.homeoffice.gov.uk/sitecontent/documents/britishcitizenship/kol-uk
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/soi-fam-mig.pdf 

External Link: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/britishcitizenship/kol-uk