English language requirements for spouses, partners and fiancé(e)s

The government has announced that the first measure to tighten immigration control will be to introduce a compulsory English language requirement for all those who wish to settle in the UK in future. The measure will be implemented by way of amendment to the current Immigration Rules, coming into force in autumn 2010.

The requirement to produce evidence of English language abilities will be imposed on all applicants for spouse visas, civil partner visas, unmarried partner visas and fiancé/e visas. It will not however be a requirement for family members of EU nationals applying under European law.

The minimum level required to be demonstrated by applicants will be that of A1 of the Common European Framework of Reference for languages, which is equivalent to approximately level 1.0 – 2.5 in IELTS and UK National Qualifications Framework level Entry 1. The evidence will have to be provided in the form of language test results obtained via authorised providers. It means that all those wishing to join their partners who are British Citizens or persons present and settled in the UK will have to demonstrate that they can understand and use basic everyday expressions in English. For someone who has never learned English before it may mean approximately 12 weeks of studying. In many cases it would effectively mean a long term separation for genuine couples and it might even affect whole families, where there are children involved.

As a justification for the measure, the government has stated that it is desirable for achieving greater integration into UK society for migrant communities. However, detailed research has proven that introducing an English language requirement will not necessarily achieve this goal. The role of the language abilities is arguably overestimated by the government. There are other factors which affect the perception of alienation of migrant communities. Certain ethnic or religious groups value marriages within their groups and arranged marriages are not uncommon. It should also be stressed that they are not unlawful. The language requirement is yet another hurdle for migrant groups to overcome, if they are to maintain their identity and traditions within the UK. Some situations may undoubtedly lead to human rights infringements.

It has been established by the courts in the UK and by the European Court of Human Rights that effective immigration control is a legitimate aim which may limit certain human rights. However, any interference in family life must be proportionate to the aim being achieved. Once the amendments come into force and cases appear before the courts, it will be for the judges to decide whether the balance between immigration control and family and private life has been struck, on a case by case basis.

It can also be argued that introducing this restriction in the family visa requirements is not entirely rational, in that it is not viable to achieve the goal intended, namely greater integration into UK society. If this argument is run successfully, the whole amendment may be struck out by the courts as unlawful. There are other requirements in place, such as the Knowledge of Life in the UK test taken by all applicants for Indefinite Leave to Remain, which is to ensure that persons who intend to remain in the UK permanently have the necessary language skills. In the case of spouses, the 2 year probationary visa is just enough to achieve the language skills necessary to settle and at the same time enjoy family life.