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English language requirement for spouses to stay

Published on: 30th December 2015
Reading time: Approx 5 mins

In a landmark judgement, Supreme court judges unanimously dismissed the case of spouse visa, in which Saiqa Bibi and Saffana Ali’s claim that pre-entry English test breaches their right to a private and family life.

The case was brought by two female British citizens whose husbands, from Yemen and Pakistan, want to come to the UK to be with their families.

The supreme court judgement follows earlier rulings in the high court and court of appeal that there was no disproportionate interference with family life.

Saiqa Bibi and Saffana Ali claimed their husbands would not be able to pass a test before coming to the UK and argued that the men would have to learn computer skills and travel long distances to take their English tests, making it unfeasible.

The court was told that this meant their right to a private and family life under Article 8 of the European Convention on Human Rights (ECHR) was being breached. A panel of five judges were asked to rule whether the pre-entry measure was “unreasonable, disproportionate and discriminatory”.

Read : 2022 FAQs of UK Spouse Visa | Your Questions & Expert Answers by UK Spouse Visa Consultant

They unanimously dismissed the appeal, but indicated that the way the scheme operated might be unlawful and asked the women’s lawyers to present further arguments. They also suggested that exemptions may be made in cases where it was impractical to apply the rule.

The supreme court judgement follows earlier rulings in the high court and court of appeal that there was no disproportionate interference with family life.

At The Smartmove2UK our UK Immigration experts have helped applicants from around the world to apply for Settlement visas to allow migrants to joint their spouses, unmarried partners, civil partner or same sex partner. We have also successfully represented clients who are claiming disability allowances. If you are considering applying for UK Spouse visa, unmarried partner visa, civil partner visa, same sex partner visa, fiancé visa or have had an application for entry clearance refused, you can contact our immigration experts at +91 22 2850 9857 or +91 98191 27002 or email us at info@smartmove2uk.com

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