English language requirement for spouses to stay

By |2018-07-05T14:00:40+00:00December 30th, 2015|Categories: UK Family Migration Visas|Tags: |

In a landmark judgement Supreme court judges unanimously dismissed 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 judgment 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”.

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

Read : 2017 FAQs of UK Spouse Visa | Your Questions & Expert Answers by UK Spouse Visa Consultant

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About the Author:

Hemang Lahheru, Director of Marketing and Operations heads the Mumbai Office. Hemang has a MBA in Strategic Marketing from the University of Hull (UK) and has lived and worked in UK for half a decade. In addition he has worked in Strategic roles for companies like DHL Global Forwarding and Goldshield Group plc. He has extensive experience in the internationally including roles in operations, business development, expatriate management, and compliance. Hemang is responsible for existing and prospective client relationships for Smart Move Global Visas worldwide.