Thursday, 30 September 2010
6 months ago
English language test for UK Partner Visas may ‘breach human rights’
The decision to impose the test for those applying for a UK Partner Visa from November has more to do with reducing the number of immigrants to Britain than minimising abuse, a legal opinion by Rabinder Singh QC and Aileen McColgan, of Matrix Chambers said.
The introduction of pre-entry tests amounts to a breach of the right to family life under human rights laws, the lawyers argue, and are likely to be discriminatory towards those coming from non-English-speaking countries compared with those who cannot speak English but come from the US or other majority English-speaking countries, for example, requiring someone with a degree in English from India to take the test but not someone from California who speaks only Spanish.
The Matrix legal opinion was commissioned by the human rights group Liberty.
The tests are expected to affect more that 25,000 spouses a year, and Liberty director Shami Chakrabarti warned that the opinion would form the basis of a high court challenge if the changes are implemented in November.
"We have warned that pre-entry English tests are discriminatory and unlawful – a view now endorsed by one of the foremost barristers in the country," said Chakrabarti.
"If the government persists with this half-baked, pre-election, Border Agency policy, it will face embarrassing litigation unworthy of a coalition built on fundamental freedoms. If necessary, we will be the first in line to prevent genuine families being broken up."
The tests apply only to those who come from non-English-speaking countries. The top five nationalities coming to the UK to marry are Pakistan, India, Bangladesh, US, and Thailand.
The UK Visa Bureau is an independent consulting company specialising in helping people with their UK immigration applications to the British High Commission.
1 comments:
While I agree that the need to understand English is a good idea I feel it is discriminatory. The best place to learn a new language is in a country where the language is spoken. My wife is Russian and was refused entry clearance on these grounds as her current B1 certificate was not issued by an approved test centre. However it has always been our intention for her to study English and for myself to learn Russian. We now find ourselves thousands of miles apart when our only wish is to be together and live as husband and wife. We have no intention of being a burden on public funds. There are people in this world who have a strong moral upbringing and do not expect to be supported by public funds.
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