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Immigrants' Spouses 'Must Speak English before Entering UK', Rules Supreme Court



2024-12-25 09:23:09 Legal / Law

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The Supreme Court of UK has recently dismissed claim of two applicants that pre-entry English test breaches their right to a private and family life

London, 23rd November, 2015: Under recent developments, the Supreme Court of UK has rejected a challenge against immigration rules requiring people to speak English before joining their spouses in the kingdom. The case was initially filed by two renowned female British citizens whose husbands, from Yemen and Pakistan, wanted to come to the UK to be with their families respectively. As per the latest ruling of the highest court of the country, the men must learn English and pass a test at an approved centre by the government.

The panel, led by the court?s president, Lord Neuberger, unanimously dismissed an appeal by two women and thus made it a law for the future. However, as per market experts, it was said in both cases it would not be feasible for their husbands to pass a test before moving to the UK. On the other, the Supreme Court decided that the rule did not infringe article eight. As such, their right to a private and family life under article 8 of the European Convention on Human Rights (ECHR) was being breached, the court heard.

Lady Hale, deputy president of the Supreme Court later suggested to the petitioners appropriate solutions to avoid infringements in individual cases. This will help act as a guidance to grant exemptions in cases where the compliance with the requirements is impracticable. One expected remedy might be for the court to declare that the present application of the guidance is incompatible with the rights of individuals in such circumstances.

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