The legal challenge against the English language requirement supported by Liberty and the Joint Council for the Welfare of Immigrants in the case of R(Chapti) v SSHD  EWHC 3370 (Admin) 16 December 2011 failed.
Permission to appeal to the Court of Appeal was granted. The court however did decide that Article 8 (family life) of the European Convention on Human Rights will always be engaged in cases involving the refusal of entry clearance/leave to remain applications involving spouses. Also, it may be arguable that the English language requirement would be a disproportionate interference in that Article 8 protection but it will depend on the individual facts of each case.
More when we have it.
Leading lawyers, Rabinder Singh QC and Aileen McColan, advising Liberty say that making spouses pass English language tests could be discriminatory and could amount to a breach of the right to family life under the Human Rights Act. They sight Read More...
Applicants wishing to demonstrate that they meet the Knowledge of Life in the UK requirement on the basis of an English for Speakers of Other Languages ['ESOL'] qualification must have obtained that qualification from an 'accredited college'. Read More...
Today, the Home Office announced that it is bringing forward to the autumn a piece of Labour legislation that will deny entry to people from outside the EU who marry British citizens but don't speak English. Read More...