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English language compulsory for spouses

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The new Government is making it a requirement that all spouses coming to the UK will need to know a minimum level of English.

That wasn’t in the coalition immigration policy document. I wonder what else they have up their sleeves that wasn’t trailed?

This is a major development, initially proposed by the previous Government in 2007 alongside the increase in the spouse visa age. In 2008 it was announced that this measure would be introduced but no timescale was given. I still have a long overdue Freedom of Information request on this, it suddenly occurs to me, in fact.

But what about elderly spouses (as in, where the couple have been married for a very long time and they are now both old)? Or spouses with learning difficulties? God knows what practical arrangements they will propose. How do they propose to verify this in an objective way? Will they start approving certain colleges in foreign countries? It isn’t exactly as if UKBA have made a great success of the Points Based System over here…

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The Free Movement blog was founded in 2007 by Colin Yeo, a barrister at Garden Court Chambers specialising in immigration law. The blog provides updates and commentary on immigration and asylum law by a variety of authors.
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Comments

11 responses

  1. …and what do people think about Art. 8 challenges? Could it be deemed discriminatory? Citizens of anglophone countries will have an obvious advantage over others. What public interest is being protected here? Is it proportionate to what is likely to be the permanent loss of family life rights in the UK for probably a large number of people?

  2. Does this mean that the people who are already into appeal process and the appeal is not determined before the new rules come into force will also have to pass this test?

  3. Another “sledge hammer to nut” piece of legislation of NuLabour I hoped the coalition would abolish.

    Expensive, problematic (per FMs examples), and of course avoidable for UK Nationals under EU Regs.

    I assume similar measures for other categories eventually eg. Long term partners, Access to children.

    What does this mean to the proposed English language test for Citizenship applicants? Are there going to be two tests eventually for spouses?

  4. it was in the tory manifesto wasn’t it……..i’m not surprised to see this.

  5. Imagine if the same rule were applied to UK nationals intended to settle with their spouses
    abroad? Surely non UK spouse can pick up english during the two year probationary period, following which they are required to take the ‘life in the UK’ test in english in order to qualify for indefinite leave to remain.

  8. As Don says, where’s the public interest element here?

    The UK has argued that those who don’t speak English put a strain on public services.

    However this could also be applied to many EU nationals, most of whom pick up the lingo after arrival.

    If the government were really concerned about non English speakers, it would have tried to tackle the issue long ago with a well-publicised series of ESOL programmes on TV.