Immigrants' spouses must speak English before coming to UK, Supreme Court rules

Lead judge: Lord Neuberger led the panel of judges
Glenn Copus
Rashid Razaq18 November 2015

The Supreme Court has rejected a challenge against an immigration rule requiring people to be able to speak English before coming to the UK to live with their spouse.

Five justices in London were urged to rule that the pre-entry measure is “unreasonable, disproportionate and discriminatory”.

Today, the panel of judges, headed by the court’s president Lord Neuberger, unanimously dismissed an appeal by two wives who are British citizens.

Their husbands, who cannot speak English, are foreign nationals and wish to join them in the UK.

Mrs Saiqa Bibi and Mrs Saffana Ali both claimed the requirement breaches their right to a private and family life under article 8 of the European Convention on Human Rights.

It is said in both cases that it would not be feasible for their husbands to pass a test before coming to the UK.

But the Supreme Court has decided that the rule does not infringe article 8.

Mr Bibi is a resident of Pakistan and it was said that the nearest approved test centres are 71 miles and 88 miles away.

Mr Ali, a national of Yemen who lives in that country, has been described as having no formal education. It was said there is no approved test centre in Yemen which provides tuition in English to the required level.

Create a FREE account to continue reading

eros

Registration is a free and easy way to support our journalism.

Join our community where you can: comment on stories; sign up to newsletters; enter competitions and access content on our app.

Your email address

Must be at least 6 characters, include an upper and lower case character and a number

You must be at least 18 years old to create an account

* Required fields

Already have an account? SIGN IN

By clicking Sign up you confirm that your data has been entered correctly and you have read and agree to our Terms of use , Cookie policy and Privacy notice .

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged in