IOM Introduces English Speaking Expat Requirement

by Jason Gorringe, Tax-News.com, London

09 May 2011

New immigration rules in the Isle of Man, to be applied to expat workers' partners, will require applicants for temporary residency to prove competency in English.

The immigration office affirmed on May 5 that non-European migrants who want to enter or extend their stay in the Isle of Man as the partner of a British citizen or a person settled on the island must now show that they can speak and understand English.

The requirement, introduced on February 28, 2011, must be met by anyone who is:

• A national of a country outside the European Economic Area and Switzerland;
• In a relationship with a British citizen or a person settled in the Isle of Man; and,
• Wants to apply to enter or remain in the Isle of Man as that person's husband, wife, civil partner, fiance(e), proposed civil partner, unmarried partner or same-sex partner.

The new requirement applies to applications for entry clearance, leave to enter, leave to remain and further leave to remain. It does not apply to indefinite leave to remain or citizenship applications where the existing Knowledge of Life (Life in the UK and Islands test) requirement continues to apply.

An applicant can meet the requirement in one of the following ways:

• By passing an acceptable test at a minimum level A1 of the Common European Framework of Reference for Languages (CEFR) with an approved provider; or
• By being a national of a majority English speaking country; or,
• By having an academic qualification equivalent to a Bachelor’s degree in the UK which was taught in English.

A person who is applying abroad for leave to enter the Isle of Man to join their partner who is settled in the island will need to prove their ability to speak and understand English when they apply for their visa. A person who is in the Isle of Man in another category and wants to apply to stay in the Isle of Man as the partner of a settled person will need to prove their English ability when they apply to the Isle of Man Immigration Office for permission to stay.

Those persons who are already on the island as the partner of a settled person would, after they have been there for two years, normally be eligible to apply for indefinite leave to remain, provided they have passed the ‘Knowledge of Life in the UK and Islands’ test (KOL). Anyone who has not passed the KOL and applies for further leave to stay will, at that stage, need to meet the new English language requirement. There will be a period of transition for these applicants to allow for this requirement or KOL to be met.

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