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Supreme Court suggests English language requirement for new migrants may have to be reviewed (20 November 2015)

Date: 20/11/2015
Duncan Lewis, Legal News Solicitors, Supreme Court suggests English language requirement for new migrants may have to be reviewed

The Supreme Court has suggested that denying migrants entry to the UK because they cannot speak English may constitute a breach of their human rights in some cases.

The court was considering two challenges to current rules made by two women living in the UK, who wanted they husbands to join them. Neither of the men at the centre of the two cases speaks English.

The Immigration Rules 2010 require a foreign spouse or partner of a British citizen or person settled in the United Kingdom to pass a test of competence in the English language before coming to live in the UK.

The women at the centre of the cases argued that the Rule itself was “an unjustifiable interference with the right to respect for private and family life protected by Article 8 of the European Convention on Human Rights (EHCR)” – and was potentially “unjustifiably discriminatory” under the ECHR, or was unlawful “by reason of its irrationality”.

The women at the centre of the two cases, Saiqa Bibi and Saffana Ali, are UK citizens, who have been married to their husbands since 2009 and 2010, respectively. Mr Bibi is from Pakistan and Mr Ali is from Yemen.

The judges dismissed the appeal by Mrs Bibi and Mrs Ali – but Lord Neuberger said:

“It does appear virtually certain that there will be a significant number of cases where application of the guidance will lead to infringement of Article 8 rights.”

Lord Hodge added:

“To avoid that unfortunate outcome, the government may need to take further steps toward providing opportunities for spouses and partners to meet the requirement, or may need to amend its guidance.”


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