Appeal against English language requirements for spouses and partners fails
The courts have upheld the new Immigration Rules that require spouses demonstrate they can speak English before they can come to the UK.The appeal was raised on behalf of three couples after the new rule was introduced last November. They made the appeal on the grounds that the new rule was racist and that it would break up their families, contravening Article 8 of the Human Rights Directive.
The High Court rejected the appeal, however, meaning that all spouses and partners will still have to demonstrate they can speak English before they can be granted a visa. In the ruling the judge noted that the rule did interfere with a couple’s rights under Article 8 but that this was justified because the rule promoted integration and protected public services.
Certain specific cases were addressed in the ruling, including that:
Damian Green was quick to praise the decision, saying: “We believe it is entirely reasonable that someone intending to live in the UK should understand English, so that they can integrate and participate fully in our society. We are very pleased that the courts agree with us.”
Hina Majid, Legal Director of the Joint Council for the Welfare of Immigrants voiced her disappointment with the ruling, however: “No one in their right mind would pretend that learning English is not a good thing for immigrants in the UK to do. This ruling, however, will mean that many British citizens will continue to experience enforced and indefinite separation from loved ones, partners, and in some cases, their children.
“It is already a legal requirement that partners and spouses must demonstrate linguistic skills shortly after arrival in the UK. In countries experiencing conflict, poverty, natural disasters and political instability, it can however be extremely difficult to acquire linguistic skills prior to arrival in the UK. Spouses in parts of Sudan, Yemen and Gaza for example often struggle to find decent tuition.”
The English language requirement for spouses and partners
The new rules came into effect on 29 November 2010 and require that anyone applying to come to the UK as the spouse or partner of a UK citizen or someone with Indefinite Leave to Remain (ILR) in the UK must be able to demonstrate that they can speak English.
In order to meet the requirement a spouse or partner must be able to show one of the following:
- they have passed an approved English language test run by an accredited body at the appropriate level (B1 on the European Common Framework of Reference); or
- they are a national of a majority English-speaking country; or
- they hold a degree taught in English and equivalent to a UK bachelor’s degree or higher
As with the Life in the UK test some people are exempt. The exemptions for demonstrating English language ability for spouses and partners to get a visa are the same as for people taking the Life in the UK test for citizenship.
Spouses or partners are considered exempt if they can provide evidence that:
- they are aged over 65 when they make the application; or
- the have a physical or mental condition which permanently prevents them from meeting this requirement; or
- there are exceptional compassionate circumstances preventing them from meeting the requirement.
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