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London, Dec. 16 (PTI): The British high court today dismissed an Indian family’s challenge to an immigration rule that made English-speaking skills mandatory for spouses joining their partners in the country.
British citizen Rashida Chapti, 54, and her Indian husband Vali Chapti, 57, were one of three named claimants in the case.
The couple, who have been married for 37 years, have six children and have divided their time for 15 years between Leicester and India. But Vali Chapti, who does not speak, read or write English, cannot move to the UK under the new immigration rule.
The challenge to the rule, introduced in November 2010, also claimed that the language requirement was unlawful and constituted discrimination on grounds of race and nationality.
But Justice Beatson ruled that the new language test was not a disproportionate interference with the couple’s right to family life.
The judge ruled that the changes did not interfere with the rights of the claimants “since it does not prevent marriage within the UK where both parties are present, or prevent anyone within the UK from travelling abroad to get married”.
He said the objectives behind the rule — to promote integration and to protect public services — were “legitimate aims”. “The new rule does not indirectly discriminate on the grounds of nationality, ethnic origins or disability.”
The Joint Council for the Welfare of Immigrants said the ruling would affect many UK citizens.
But Britain’s immigration minister Damian Green said: “We believe it is entirely reasonable that someone intending to live in the UK should understand English, so that they can integrate and participate fully in our society.”
“We are very pleased that the courts agree with us,” the BBC quoted Green as saying.
The Home Office, which had also cited the costs of translators and interpreters for the National Health Service and other public services, now requires anyone entering the UK to join their spouse to speak a minimum level of English.
Earlier this year, the high court, sitting in Birmingham, was told that the tougher language tests were racist and discriminated against British-Indian families.
Hina Majid, the legal policy director of the Joint Council for the Welfare of Immigrants, said she was disappointed by the ruling.
“No one in their right mind would pretend that learning English is not a good thing for immigrants in the UK to do.... This ruling, however, will mean that many British citizens will continue to experience enforced and indefinite separation from loved ones, partners and, in some cases, their children.
“It is already a legal requirement that partners and spouses must demonstrate linguistic skills shortly after arrival in the UK,” Majid said.
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