In a landmark ruling, the UK Supreme Court has rejected a challenge against immigration rules requiring people to speak English before joining their spouses in Britain.
The panel of judges led by Lord Neuberger of Abbotsbury rejected claims that the pre-entry checks were ‘unreasonable, disproportionate and discriminatory’ but indicated that the way the scheme operated might be unlawful and asked the women’s lawyers to present further arguments.
The case was brought by Saffana Ali and Saiqa Bibi – British citizens whose husbands, from Yemen and Pakistan, want to come to the UK to be with their families. However, under spouse visa rules for nationals outside the European Union, the men must learn a basic level of English and pass a test a Government-approved centre before being allowed to enter the country.
The women argued it would be unreasonable to expect the men to learn computer skills and travel long distances to take their English tests and that consequently their right to a private and family life under Article 8 of the European Convention on Human Rights (ECHR) was being breached.
The Supreme Court judgment follows earlier rulings in the High Court and Court of Appeal that there was no disproportionate interference with family life.
Although the Supreme Court rejected the challenge against the rule itself, the judges have asked for further submissions from the parties on ‘whether a declaration should be made that the operation of the guidance in its present form is incompatible with article 8 rights where compliance with the requirement is impracticable’.
Lady Hale, deputy president, suggested that the appropriate solution to avoid infringements in individual cases would be to ‘recast’ the guidance to grant exemptions in cases where compliance with the requirement is impracticable.
Changes to immigration rules
This week marks the introduction of the immigration rule changes announced by UK Visas and Immigration on October 29 2015. The majority of changes will affect applications lodged on or after 19 November 2015, with new rules being implemented across nearly every UK immigration route.
A summary of the key changes for each UK immigration category are provided below:
Asylum
Asylum claims made by EU nationals will be invalid, apart from cases in which exceptional circumstances apply
Making clear the reasons why a person’s refugee status has been removed
Family Immigration
New rules concerning non-EEA children, which will enable UK immigration to stop entry into the country, if they suspect that because of the sponsor or sponsor’s partner, entry of the child to the UK will put the child’s safety at risk
Settlement (indefinite leave to remain)
A requirement that those applying to stay in the UK indefinitely show evidence of their English language skills by sitting an English language test at a government approved test centre. Alternatively, applicants must demonstrate the necessary level of English with an English language qualification from the Home Office Secure English Language Test list.
As previously announced, a minimum salary of £35,000, with the exception of occupations on the shortage occupation list and certain PhD level jobs, will be required to be eligible for UK indefinite leave to remain.
Tier 1 Exceptional Talent, Tier 1 Entrepreneur and Tier 1 Investor of the points-based system
Revisions to the Tier 1 Exceptional Talent visa scheme, which it is claimed will alleviate skills shortages in the UK tech sector. Changing the endorsement criteria, used by Tech City UK, will hopefully lead to an increase in the number of applicants with the potential to add value to the UK’s digital economy qualifying for this UK visa route.
A requirement that additional documentation be provided by Tier 1 entrepreneur visa applicants, including documentation relating to continuous trading, jobs created and past investments.
Further clarification that Tier 1 investors are not permitted to invest using shares or loan capital in consortiums
Tiers 2 and 5 of the points-based system
The addition of four digital technology jobs (product manager, data scientist, senior developer and cyber security specialist) and nurses to the Tier 2 visa shortage occupation list, paving the way for Tier 2 visa applications for applicants in these occupations to be prioritised during monthly Tier 2 visa allocations.
Changes that clarify the rules for sponsors and applicants for Tier 5 temporary charity workers. UK immigration says that this is to stop permanent job roles being taken by temporary staff.
Confirmation of annual visa allocations for the 2016 Youth Mobility Scheme; 45,000 places will be made available to nationals of Australia and 12,000 to nationals of New Zealand.
Minor adjustments to the UK government’s list of authorised exchange schemes.
