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Petition launched to challenge language tests for spouses and fiances

Home Office plans to introduce pre-arrival English language tests for the spouses and partners of people settled in the UK are being challenged by two British women who have good reason to know what is at stake with this proposal.

Emily Churchill and Sophie Brown told the stories of their own efforts to bring their husbands to join them in the UK, respectively on the Guardian Comment is Free and MRN’s Migration Pulse websites back in June.

Emily is married to Basel, a Palestinian living in Syria. His application for a visa to join her in the UK was refused because officials were not satisfied that, since she was a student, she would be able to support her husband without recourse to public funds.  Sophie had been planning to sponsor her husband, a Togolese citizen, after a few months earning in her first job after finishing university studies. 

Both believe that their plans to eventually be united with their partners will become even more difficult as a result of plans introduce a compulsory English test in the autumn, as announced by Home Secretary Theresa May in June.

They have decided to campaign against this proposal and hope that even now they will be able persuade the Coalition government to think and again and acknowledge the fact that it the potential to harm the family lives of large numbers of people.

To achieve their aim Emily and Sophie have launched a petition on Petitions Online and are asking everyone concerned about the issue to help them by signing it.

Contact MRN at info@migrantsrights.org.ukfor further news about this campaign.

Other users went on to read:


Comments

As a coordinator of the European Refugee Advocacy Organisation ( ERAD ) , I condemn the the Con-Lib government's policy of English test which I believe is an attempt to deny entry to those from non-eu countries.
Have the over 500,000 Britons residing in Spain taken or are going to be forced to take Spanish language test? It is absurd to force people to speak English before they are allowed in. If the Con-Lib idea is examined historically some of the grand parents of those in power would not have passed the test. Britain gave sanctuary to million of people based on humanitarian ground backed by international law ( after the second world war ) . Refugees and asylum seekers and people joining families should not be forced to take English test . We are allowing criminals who speak 'excellent' English but genuine people are denied entry. This is contrary to natural justice and anti-british.

I strongly support the campaign.

I strongly support the campaign.

It occurs to me that the requirement is likely to be discriminatory unless there are exemptions. What about an intended spouse who is disabled and unable to attend classes, or has a condition such as dyslexia? What about older people, will they be prevented from marrying someone of their own age from abroad unless that person is able to learn English?

I totally support your campaign. It must surely contravene many human rights conventions on the right to family life. It is completely outrageous that the Con Libs are trying to keep families apart. Already hard enough for spouses to join their spouse before this latest infringement of their rights.

Queen Victoria, by the way, spoke no English before she came to this country, and not much afterwards.

This is immature, narrow-minded, parochial. People move around the world because they can and they will and there is no point in putting stumbling blocks in their way. Freedom of movement is a human right, though not one that is properly upheld. Descendents of British people all around the world frequently do not speak local languages - Australia and the United States for instance. This isn't unique though. The failed global economy will spawn lots more nasty nationalism everywhere.

im not happy about this at all, but sadly, not very surprised.

its about what you would expect from this selfish, self-serving, dishonest and crooked government-full of individuals who are only there to represent themselves and their own interests.

think its absolutely shocking and disgraceful that asylum seekers / refugees could be made subject to this, i really do. various bodies make life difficult enough for people seeking asylum-what with sub-standard accomodation, prejudice, stigma etc etc.

and now this!

really does make me ashamed to be british...............

still, not all british people are like that and i'm happy to sign your petition.
the very best of luck with it.

i hope you succeed.

this language test is mean-spirited and punitive - aimed at those without power and money. It cannot really have a big impact on the immigration figures overall. It is clearly aimed at non-whites since all the (large numbers of) Australians, Americans, Canadians and New Zealanders will have no problems with the test. Since when did British citizens have to learn local languages before moving to another country?. If I wanted to move to Pakistan I would not have to learn Urdu - a friend of mine lived in Oman for 2 years teaching English but he didn't have to learn Arabic first. I can see that, as long as classes are available, you could set tests after people arrive but before, when there may be no way that they could learn the language, simply penalises those who have no options. I can't imagine that those with pots of money would have trouble so where is the justice in this system. As a country we are risking losing any credibility as upholders of justice and democracy. I am disgusted by this action and grateful that there is something that I can sign to express my disgust in public.

this is a big shame to the british gov't.

wish you good luck.

Imagine France, Germany Switzerland, Belgium, Austria and most of the EU countries saying, spouses willing to join their husbands/wives will have to pass basic french, german, dutch etc etc language tests before being allowed to join their other halves. This is a crazy idea from the racist british gov't in power and they should be ashamed of it in the first place.

Surprisingly, the United States granted 55,000 greencards through their lottery scheme to many migrants and English language test wasn't a pre-requisite. I am waiting for my seberance pay so I can personally take them to the EU court as this is just another idea to frustrate genuine migrants whose spouses are contributing heavy taxes to the UK economy only for the taxes to be passed on to benefit cheats and unemployed idiots who are all, don't be surprised, 90% brits

wish you good luck.

Totally agree with comments already made on this subject. My Russian wife has fallen foul of this rule following incompetent advice fro a UK immgration firm, It was ! hour before her visa centre appointment when we were advised of the need for the English certificate and even then we were not advised it needed to be issued by an approved centre. I believe the European Charter of Fundamental Rights states that nobody should be discriminated against on the grounds of language. This rule is quite obviously discriminating on the grounds of language. The refusal of entry clearance for my wife also prevent me from forming a family which is another fundamental right under the charter.

I am and have been married to a Serbian for 6 years - due to some personal problems my husband returned to his family Serbia and 'missed' applying for his renewal of residence visa by two days. He therefore had to return to UK on a visitor visa and seek a course to be able to take the test. Actually there is no course being offered in North West and level A1 - well at least not one I can find - he can do the KET on line - but again nobody is offering this either! Why did the Government not think through the implications of introducing this stumbling block and what can we do to get it removed??? My husband has now attended college for 3 months - wont get his results until after his visitor visa expires - will have to incur costs leaving the country to re-apply to re-enter either as a visitor if he hasn't got his exam results or on his Residence visa. I cannot understand that if he had a residence visa before and lived happily in UK - why he is not allowed just to renew his Residence Visa whilst we pursue Indefinite Leave to Remain. If anybody knows a college running the KET on-line course - please let me know!

I am married to a British National, as I was in Britain for three years, I met my wife and we decided to get married. On consultation with the home office we applied for the Further Leave to Remain, but after 4 months we come to know that I can't switch to spouse visa, coz I am was not under immigration control (official exempt). We have lived together for good 2 and half years together before I return to my country of origin. Before coming back I with the help of a solicitor gathered together our paper work, and I have also given the ESOL test.

After a month when I got the ESOL test certificate I sent it to the solicitor to put in the other paper work, he told me and my wife that I have given a wrong test. I was really shocked to hear this, as I have passed above the required level of test i.e. entry level 3 ESOL test awarded by the EDI. But my solicitor told me that UKBA doesn't acknowledge this certificate as acceptable for the visa requirement.
Now we are in a situation where we have already lost a good fortune and we have also paid heavily to our solicitor (who is very good with us).

We have been married for 2 years now, is it not the proof of my English language, as I have to speak English with wife and her/our family (as they don't know the language with which I brought up).

This is just the brief of our very stressful life (because of some people sitting in luxury of a beautiful office and implementing their unthoughful rather ambiguous policies which are making life difficult for the their own people. Who are these to decide the personal lives of the people. I am so sorry to say this, but the situation we are in really endangered our married life.

We can only pray that someone listen to us.

i agree with all the comments that i have read.i truley feel the hurt of all the separated families.this is an infringment to our human rights somewhere down the line.i myself am in the same situation.i got married in the Gambia in April and am appling for a settlement visa.it seems to be a money making racket,i have spent a small fortune already and this process just seems to go on and on.
This English test was not thought out enough.
First of all it took me a week to find a test centre in the Gambia,my wife who was pregnant spent a whole day in Banjul just to register.Was this the sign of things to come.
There were many angry and upset people down there.No-one wanted to answer any questions.
My wife who can speak and write english but just comes from a poor background.
Are the racist government telling me i can only marry an educated person of non-black skin.
She took the written test on 26th April .They were herded in like cattle,sat down,then the play button was pressed on the tape recorder.THIS IS NOT UNDER EXAM OR TEST CONDITIONS.If you lost your place the tape recorder did not stop for you.For me they want many people to fail.£70 A TIME IS ALOT OF MONEY FOR ME,I am just an ordinary working person.The second test was the next day,(speaking test) ,she was told to turn up for 11am but did not get seen to until 9pm.How dare they treat my wife or the Gambian people in this way.
Now it is a waiting game for the results,no information again,she was just told will be sent off and they will contact her.
If the British people were treated in this way there would be uproar
And after all that when you get your cetificate and submit your details ,they can still refuse your application.£810 is alot of money to lose
I am running out of time to bring my pregnant wife over,it looks like i will have to take unpaid leave from work to be there at the birth of our child
Is this a democracy, i dont think so ,seems like a colour and class divide
i pray for all the people in my situation

I am sorry to Ralph to hear the situation you are in. As you know from my previous post the situation we are in, its a total rip off. I don't know whether you have consulted an immigration advisor or but we have, and it is also costing us too much.

I have given the test, thanks God it was easy, and test centre people were nice, though it started a bit late. But I was really devastated by knowing that my test result certificate will be available in August, 3-months waiting time, I don't know why Cambridge University taking it long to issue certificate. What can we do, nothing, except to wait.

God help us.

I feel that this new requirement of setting English test is a very discriminatory and breaching the very basic right of forming a family. I am against it and I wish it to be removed.
M

What a rule! really amazing. I married my partner and now have a child all before the new rule even came into force. It is ridiculous that I can't get my wife here just because she doesn't speak english. I speak both english and her mother tongue so why should we remain seperated. SHAME! SHAME!

i am against this english language test rule i am married since november 28th 2010, i spent a lot of money 1- for the weeding£6000
2- tuition fee twice £500
3visa application see round £800 i did not see my wife for 9 months hopping shje come one day as i am busy working hard ...
my wife after the application got the refusal big disappointment ,,,,,,,, now i am still sending a lot of money to her for the flat rental , her shopping , her travel , her clothes ,,,,, i m british citizen i should not badly treated by my english government con-lib dem ruling party i worked for my life i have never claimed ,,,,,, i have my natural right to a family.............. i am very nervous of this forbiden love and forbiden marriage my wife is a journalist and she can learn english here in uk the mother of the language ,,,,,,,,,, i hope the UKBA will revise this decision and let genuine families living together thats the greatest respect can be offered to her british citizen god bless

Why wait for any rules to change. clear the Partners test for UK, Spouse test, Marriage visa test introduced by UKBA since 29th November 2010. Every spouse/ partner has to clear English basic Level A1 test as per regulation by UK Border Agency, in Punjab India, Jalandhar amritsar, Ludhiana Hoshiarpur Barnala Moga, Chandigarh, Gurgaon, Delhi, Mumbai.
Please visit our office for more information.
We will provide the certificate within some days and will be giving you coaching to appear for this test.
Call NORTHWEST IMMIGRATIONS on 0091181-4627907 , 0091-8427233007
www.northwestimmigrations.com
northwestimmigrations@gmail.com

We have 100% success rate so far. It is a fairly easy test made easier by world class coaching and qualified teachers.

please do not fall into trap of other unsolicited agents who would ask you to get a fake certificate as this is issued from London, USA, Malaysia as per the tests.

We can get you file your case in 1 weeks time. please visit or call for more information.

I agree with all the comments, this is a disgrace. How many British/ English speaking people move to other countries and are not required to speak the language. I am currently looking into the visa process as my fiance is hoping to move to this country once we are married. He has a good knowledge of spoken English. After looking into the tests online, I am concerned that he will not pass them at the level they require, mainly due to the written tests. I am sure that if the population of the UK took these tests, the majority would fail as the standard of English in schools is so poor. I fear that I will not be able to have a life with the man I love thanks to this ridiculous new ruling. We will aim to pass these tests, but I believe this is just another money making scheme by the government.

The truly absurd situation is that of peoples from Europe arriving in Britain daily with very poor standards of English,but because they are citizens of a country within the "euro economic zone its not seen as being detremental to the "british way of life".I sincerley would like to know the diffrence between an Italian citizen of Eritrean descent with poor english and a ethiopian citizen with poor english..

Hi all,

I'n sorry to hear about all the depressing stories above.

I'm married to a Korean woman and we are looking to settle in the UK at sometime in the future. I'm very reluctant for her to take any English test before entering the UK on the grounds its breaches her/my human rights on articles 8 & 14.

Also, the English test requirement is not even law and exsists as a regulation made up by the Home office. Four judges have crticised the regulation and one accused the Home secretary of "side stepping" parliament.

What does the home office do about the judges ruling? Nothing! This "regulation" is nothing short of racist, xenophobic and more importantly illegal under the race relations Act.

Interestingly, when I married and settled in Korea I didn't need to take a Korean language test outside of Korea before my visa application was approved. Why is it so in the UK?

When people tell me in Korea that the UK has a great history with the rule of law, democracy, playing by the rules and open to all cultures; I have to remind them that it is indeed history, a history long gone.

These are truly awful days we are living in. I feel ashamed to be British!

The spouse of a person who is on tier 1 or tier 2 can come and work without taking english test but spouse of settled or citizen person can not. It seems a bit odd to me.

I think government should reconsider its decision and allow spouse of settled or citizen people to come to the UK and remain for atleast 2 years (probationary period) before asking them to appear for english requirement test.
It will make everyone happy :)

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