Applications for settlement in certain categories require the applicant to pass the Life in the UK Test before settlement can be granted. Currently settlement applications that meet all the relevant requirements but do not provide evidence of the applicant passing the Life in the UK Test, are automatically considered for a grant of limited leave in the same category. The difference in the fee between the settlement application and the cost of an extension of stay is refunded.

From 31 March 2009 this arrangement will be coming to an end. Settlement applications submitted on or after this date in categories requiring applicants to pass the test that do not meet this condition will be refused. Applicants will not have their fee refunded.

How this may affect you
If you are unable to pass the test at the time when you wish to file your application for settlement then you will still be able to extend your stay when your existing leave to remain visa comes to an end. However, from 31 March 2009 you will need to ensure that you apply specifically for limited leave to remain on the relevant form, rather than submitting a settlement application. Failing to do so will cost you time, money and may result in you breaching your visa conditions.