Changes in regulations for ESOL and Citizenship Monday, April 19, 2010 - 17:40

On 7 April, the Home Office made important changes to the regulations for English for Speakers of Other Languages (ESOL) learners who are applying for UK citizenship or Indefinite Leave to Remain (ILR) through the ESOL Entry level qualifications. All ESOL providers now have to be publicly funded colleges or private colleges accredited through one of four agencies. It should be noted that this covers community organisations that get their funding via colleges or other bodies supported by the Skills Funding Agency (formerly the LSC) and which are therefore subject to inspection by the Office for Standards in Education (Ofsted).

As a result of representations, updated guidance and a pro-forma letter are now available on the Home Office website.

Chris Taylor, NIACE Programme Director for ESOL, said:

"In principle, the new regulations are very welcome. The new system will weed out the unscrupulous centres that have been charging huge fees and offering ESOL certificates based on a quick assessment. NIACE has been contacted by numerous ESOL learners who have been tricked in this way over the last few years."

However, what may have been overlooked by these new regulations is that those learners, who have been studying on Entry level ESOL courses at a private training centre or community-based provider which is not officially accredited, may now find their ESOL qualification is not accepted as part of their citizenship application.

Chris Taylor added:

"NIACE believes that thousands of learners could be in the position where they have an ESOL Entry level qualification, but this will not help them in any Indefinite Leave to Remain application. NIACE is very concerned about these learners who, in good faith, have paid their fees, started their ESOL course and successfully acquired the qualification only to be rejected at this stage."     

The UK Border Agency statement says:

'From 7 April 2010, you must also:

• have studied for your ESOL qualification at an 'accredited college'; and

• be able to demonstrate that you have progressed at least one level in order to obtain your qualification.

An 'accredited college' is:

•  a publicly funded college which is subject to inspection by Ofsted or its devolved equivalents; or

• a private college which is accredited by Accreditation UK, the British Accreditation Council (BAC), the Accreditation Body for Language Services (ABLS) or the Accreditation Service for International Colleges (ASIC).'

The 'publicly funded college' category includes any centre subject to Ofsted inspection (even if not yet inspected) and also any centres receiving Learning and Skills Council (LSC), now Skills Funding Agency (SFA) funding, directly or indirectly.

Chris Taylor continued:

"NIACE believes that the intention of the new regulations to cut out the unscrupulous ESOL provider is a good one. However, the speed of introducing the new regulation has taken everyone by surprise. Good centres will be hit. Learners will be disappointed. There may be very serious consequences for Citizenship or ILR applicants. We would like a six-month interim period introduced (after the General Election) on 7 May 2010 to allow centres to apply to the accrediting bodies and allowing students already on courses to complete them and have the validity of their certificates recognised."

"In the interim, NIACE proposes that the ESOL Awarding Bodies are allowed to perform the function of the accrediting bodies so that learners are not left in limbo. Our advice to all ESOL providers is to confirm on the letter they give to students that the centre receives SFA funding and is OFSTED inspected."