The Supreme Court has ruled that immigrants would not have to take an English language test prior to coming to the UK if it seems “impracticable” for them to do so.
The current law requires the spouses of immigrants, who already reside in the UK, to be able to speak English before coming to the UK.
However, five judges in the Supreme Court found that how the rules were operated could, in some cases, lead to the violation of the right to a private and family life, under Article 8 of the European Convention on Human Rights.
The judges also unanimously dismissed a challenge against the rule by two women who are British citizens. Their husbands, who are of foreign nationalities, wish to join them in the UK. They cannot speak English and it is said it would not be practicable for them to pass the English language test.
Mrs Saiqa Bibi, from the West Midlands, whose husband is a national of Yemen, and Mrs Saffana Ali, whose husband is a resident of Pakistan, have claimed that the pre-entry procedure breaches their right to a private and family life, under Article 8.
Mr Ali is described as having no formal education. It was stated that Mr Bibi's nearest approved test centres are 71 miles and 88 miles away from his residence. Both of the men would also have to learn computer skills.
