Report on United Kingdom Language tests have become more formal and more difficult over the years and a knowledge test was introduced in 2005.30 In practice, most of those naturalising took the language and knowledge tests at the settlement (permanent residence) stage (where they became obligatory in 2007) and are not required to retake them to naturalise. Only those who settled prior to 2 April 2007 or who were exempted from the requirement after that date have to meet the integration requirements at the naturalisation stage (unless they are again exempt, although the exemptions are narrower for naturalisation than at settlement). Until recently, migrants could meet the condition either by taking the ‘Life in the UK’ test or by taking and progressing satisfactorily on a specially designed English language with citizenship course. From October 2013, all migrants have been required both to take the citizenship test and pass a separate language test at B1 CEFR (unless they are a national of one of a list of English speaking countries or took a degree taught or researched in English).31 The Home Office must state its reasons for refusing naturalisation.32 The decision is discretionary; British Nationality Act 1981, s. 6 says that the Secretary of State ‘may, if he sees fit’ grant naturalisation if conditions are met. However, refusals are, in practice, always founded on failure to meet the requirements. Some of these, however, such as the good character criterion, involve an element of subjectivity. There is evidence that, while the number of refusals is falling overall, the proportion of refusals on good character grounds is rising and, in 2012, was the reason for 37% of refusals compared to about 10% previously (Migration Observatory 2014). There is no appeal against refusal of naturalisation. UKBA will review the decision on request and for a fee but are likely to reverse a refusal only if they have made an error, for example, in calculating the residence period, not on the discretionary grounds such as ‘good character’. Otherwise, the only way to obtain judicial oversight is to apply for judicial review of the decision by the High Court on the grounds of illegality, irrationality, procedural impropriety or breach of human rights and/or proportionality. Judicial review is heard in the Administrative Division of the High Court and is a highly formal and legally focused process for which specialist legal representation is required. It will therefore be very expensive unless the applicant qualifies for and is granted legal aid, an increasingly unlikely prospect. In practice, few applications succeed because, leaving aside cost, the discretionary nature of the decision, particularly where refusal is on ‘good character’ grounds, means that it will rarely be unlawful. Some individuals may register as a British citizen. This is similar to naturalisation but is a simpler process, with lesser elements of discretion although a good character requirement usually applies to those aged over 10. Those with a nationality connection to the UK but who are not British citizens may register as British Citizens subject sometimes to a residence condition. Registration is the method for formerly British people who renounced their citizenship and wish to take it up again, for certain residual categories of people from Hong Kong such as war widows, and for those born to British mothers outside the UK before 1983, after which citizenship in these circumstances became automatic. People who become British by registration are sometimes British by descent and sometimes British otherwise than by descent, depending on the relevant provision. There are also provisions for the registration of children, including where a child is born in the UK to a foreign parent who subsequently becomes settled, children who are born in the UK and not entitled to citizenship but live here until they 30 The official languages are Welsh and Scottish Gaelic as well as English, though the importance of English is generally given as a reason for having language tests at all. 31 http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/june/13-family-migration. 32 R v SSHD ex p Mohammed Fayed [1996] EWCA Civ 946. RSCAS/EUDO-CIT-CR 2014/1 - © 2014 Authors 13