UK Supreme Court Upholds English Competency Test for Immigration

UK Supreme Court


UK Supreme Court Rejects Challenge to English Competence Test for Foreign Spouses

Yesterday (18th November 2015) in a land mark judgment related to Immigration, Supreme court of United Kingdom, rejected the challenge of the Immigration Rule of 2010 imposing the test of English Competence to the Spouse of UK citizen, seeing immigration to UK. He first four largest such immigration to UK are from India, Pakistan, Bangladesh and strangely from the US. The Appellants challenge the Rule of 2010 on the ground that it is against the article 8 of the European Convention on Human Rights (“ECHR”), It is highly discriminatory, Irrational etc.

There had been various controls over the immigrants of different status and purposes, to get UK citizenship. There are even much other levels before getting the citizenship. It used to become stringent at each time for various reasons. It was in 2007, the UK Government first introduced the idea of tests for  foreign spouses and partners, in Securing the UK Border: Our vision and strategy for the future (March 2007). After much discussions and considerations On 26 July, the Minister of State for Immigration announced that the controls on immigration would come into effect on 29 November. The requirement for English competence applies to non-European spouses, civil partners, unmarried opposite and same sex partners, Fiance(e)s and proposed civil partners those to propose to live for long or to procure citizenship in UK. Lady, Hale with whom Lord Wilson agreed in the appellate judgment that the controls imposed by way of the Rules of 2010 November is reasonable and fair. This judgment shall have a strong effect among the aspirants of UK migration from all non-exempted countries.