Blog
The Chapti case: Greater difficulties for migrant family reunification will mean worse integration outcomes, not better
The unwelcome irony of last week’s announcement in the High Court of the ruling in the case of Chapti & Ors is that it came out just two days before the world is supposed to celebrate International Migrants Day (IMD). This is a time when we are expected to acknowledge what the experience of being a migrant means in today’s world, and how better recognition of human rights would ease passage into society's mainstream. But this ruling means that a crucial element in achieving this goal has just got a lot harder.
The government pitched its argument to the High Court that the imposition of a pre-entry English language test for migrants was reasonable towards the goal of integration. Yet the evidence submitted by lawyers for the applicant showed that the vast majority of family members applying for permanent settlement are able to pass the English language test showing that they have met the standard level of conversation after two years of residence. For those interested in the numbers, in 2009 60,480 dependents were successful in passing the test that allowed them settlement in 2009, with only 470 (or less than 1%) failing.
So, for the group of migrants the government has targeted as needing to pass the English language test, the evidence couldn’t be clearer – once they are in the UK, we seem to have an excellent record in getting people up to the level the authorities think is necessary for them to integrate.
Of course we know that not all migrant family members can be made subject to an English language test as a condition for entry into the UK. The family members of nationals of European Economic Area countries, plus Switzerland, are exempt from this requirement because of the rights which extend to them under the terms of the European Union treaties. Similarly, some countries like the United States and Canada have been declared English-speaking - their citizens are therefore not required to be tested, even though they might contain large minorities who do not normally communicate in that language.
Family members who are required to be tested have to deal with the additional expense of language classes and test fees. As another blog thread on this website makes clear with its discussion of the problems people encounter in trying to identify approved English classes and test centres in their country, this immigration rule generates very great hardships for people who, if they were only given the go-ahead to join their sponsors over here, would quickly learn the language and pass the tests they have to sit after two years anyway.
What happens to people of migrant background when their right to family life is worked over by the bureaucratic obstacles and general rigmarole which the language tests entail? The index of migrant integration policies developed by the MIPEX project gives us the best idea of how important access to family life is for communities which are working towards their integration. Its view is that increasing the obstacles to family reunification in the country in which the sponsor is settled produces poorer, rather than better, integration outcomes. Delaying family reunion produces outcomes which undermine the strong features of the UK system – namely the level of protection provided against discrimination – and creates a situation which is only ‘halfway favourable’ to integration.
The European Network of Migrant Women (ENoMW) published a recently published a report on family reunion legislation in Europe, asking the question as to whether it is discriminatory for migrant women. It found evidence that pre-entry tests increased difficulties for people from low-income households who are already facing multiple difficulties in moving from the unequal margins to the mainstream of society. Other researchers have noted the higher costs imposed on migrants who are obliged, because of a failure to obtain visas for their dependents, to maintain two households - one for themselves in the country of settlement, and another for their families in the country of origin. Despite the evidence that prolonged family separation creates more difficulties for migrants attempting to integrate, the government seems intent on pursuing its current course with spurious arguments about their motivation in achieving better integration.
So why is the coalition government so intent on carrying on down this path? It is likely to be driven by a desire to be seen as acting decisively in stemming what it sees as the permanently rising inflow of migrants which became a feature of the years of the New Labour government. The absolute reduction in migrant numbers as a result of these tests are likely to be fairly small. However, in today's toxic climate for immigration policy, even the slightest evidence of a drop in levels is amplified into the hard-line message that the authorities are finally getting tough on the issue.
In the months ahead we have the prospect of further squeezes on family reunification, as proposals to increase the earnings requirement for sponsors will rise to a point somewhere between £18,000 to £25,000 per annum. We have to be concerned that something potentially very dangerous will arise as an outcome from these measures.
What we might see in the future is a growing number of the poorest people in the most pressured circumstances, having the additional burden of maintaining two households without the benefit of the resources that come from collective family life. For this group of migrants, social mobility has come, if it has come at all, from the relative success of children in education and the improved life chances they have had and have been able to share with their parents.
Restrictions on family reunification which most heavily affect financially constrained households will, for many, kill off the hopes of improvement which currently encourage people to commit themselves to integration. There is a reason why family life is such a fundamental human right, and that has little to do with the simple generosity and kind-heartedness of those who wield power in society. It is because family life strengthens resilience to hardship and increases people's capacity to support the next generation. In acting against this principle and weakening the opportunity for family life for some migrants, we should expect to see worse integration outcomes, not better.
Twitter
Facebook
RSS Feed
Youtube
Flickr
Comments
Oh, I see that this time the court has bought UKBA's argument that they are "promoting integration" rather than limiting immigration which is what all their measures are designed to achieve. Anyway, let's hope that courts will see through their motives on appeal, just as they did with the spousal reunification age which allegedly was introduced to prevent forced marriages.
I haven't seen any evidence demonstrating that those who pass the test are able to integrate better than those who learn the language while in the UK. As a matter of fact there is no consensus on what "integration" constitutes so I wonder how promoting something so vague may be seen as legitimate aim and prevail over considerations of family life.
Finally, learning a language is so much more effective when you are in a country where it is the official language.
The fact it has taken from July to December to reach this spurious ruling suggests there has been a lot of behind the scenes jiggery pokery going on to get a ruling that isn't another embarrassment to T May like the previous rulings.
Its quite evident the Govt has put pressure on the Judiciary and they are not fooling the people.
So will this ruling now apply to all UK migrants like the Europeans who can enter the UK without speaking a word of English? Or will it still discriminate only against NON EU nationals and will it still be blatanatly racist and be as Matrix Rabinder Singh QC advised LIBERTY UK in Sept 2010 that this measure breaches the 1976 Race Relations Act!
Will the Legal Establishment and Liberty UK challenged this perverse ruling and re-establish the Human Rights of all the British citizens this Facist Hypocritical Coalition Govt is trying to disenfranchise? Wake up Britiain the Facist Govt are destroying all British Human Rights!
@ Geronimo
If you read the ruling, it says there is no discrimination (para. 128 ff):
"Non-English speakers are not in a relevantly similar position to English speakers and it is rational to exempt those who do speak English to the required standard from the test".
This is not to say that I agree with the judgement, but I thought you might be interested in the judge's reasoning.
Euo Citizen. I am an Englishman born and bred that detests deceit and dishonesty.
I know educated English people who have taken these 'english tests' and failed because that is there purpose - to fail applicants. It is a dishonest method of getting repeat fees for tests from applicants!
They are not going to admit the tests are discriminatory because that breaches UK Law.
Read the Matrix advise to Liberty yourself it on their website!
If the TESTS do not apply to EU migrants ( and they do not) they are clearly discriminatory!
I worked overseas a lot on middle east oil fields. We had nationals from America, Europe, Asia and Africa. But we all spoke 'oil field english'! Not US or Australian or English english. Or even Newcastle or Glaswegian or Irish or Welsh english but a common 'oil field english'.
We got the job done the oil and petro dollars flowed lubrication the worlds commerce/
These so call UKBA english tests are just a barrier to limit numbers of NON EU migrants.
Why Non EU because the UK GOVT cannot limit EU migrants who are coming into the UK for work and to earn money which they then remit back to their homes in Europe.
Thats why the UK Coalition Govt is dishonest because they do not tell the British people the truth! It isn't about getting people to fit into British life its about a political policy so that the Coalition Govt can claim to the electorate they are tackling immigration when they are NOT!
They want Migration numbers down and emigration numbers up so they breach UK Law and UK Human Rights and they are being dishonest the same as Mays 'CAT' was dishonest!
This was always going to be tough one. When you combine several cases together you water down the argument. Which after reading through the transcripts is exactly what has happened. The result was as i expected as soon as we knew that the judgment would be for several cases to be heard at one hearing. It does not help people like myself and it is discriminating. The reason it was ruled not was because the argument and evidence was not presented as it should have been done. Just recently a eu national who has a residence permit so that he can live and work in the UK has just married a Chinese National who does not speak a word of English but has been allowed to settle in the UK. Many British nationals who were born here and lived here all there lives can not get their spouses over to live with them in the UK without the english language test. I am still having problems with my wife learning English in Southern China to meet the test. Only school that teaches English is an American teacher who as you know teaches american English which is not the same as UK english and the expense is prohibitive. I am trying to get this so called eeu resident permit which on all acounts circumnavigates the English language test. I do not think they are going to let me have it but I will try. I have started to apply for legal action to raise the issue and if it fails then last course of action is to apply for asylum in China on humanity grounds and hope we hit the international press. The court ruling is in itself in my opinion flawed and I can not help but wonder if the court of human rights will overturn the judgements. Time will tell but it still does not help people like myself to get a fair deal and justice
Hi Chris sorry to hear your situation is still ongoing. My take on the recent legal ruling is that the Judge was got at politically to save May's face. Why else did it take from July to December if there wasn't a lot of political pressure being put on behind the scenes by the Govt?
May has taken a beating because of her poor handling of the UKBA and the admission that the UK borders were left open for anyone to enter unobstructed.
May tried to blame Brodie but as Harry Truman said the 'buck stops here' and May and Green were responsible. But now the UKBA's own rank and file are against her the same with the police. So the Govt had to have something and political pressure has been applied.
We will have to wait to see if there is an appeal and yes the three cases were complex and yes perhaps a less complex case wouild have been a better choice but its done now!
This Govt will restrict any public funding for the case to go futher to stop a reversal of the ruling. But the old saying 'give them enough rope and they will hang themselves' applies and given time this may come back to bite them in the arse!
I believe this coalition seems to reward failure. Why are these ministers still in their respective jobs and positions in government. It has been clearly shown that they are not fit to hold the offices they hold. As for my on going position well my wife and I are working along the lines that we will try and get the language test done and passed, but if as I suspect we can not move further towards getting my wife to join me here in my own house in the UK then we have nothing to loose if we invite the international press when I formally try and claim asylum from the UK. I t will be a sad day being an ex serviceman and dissabled to publically say I have been forced out of my own country by this government because I am married to a Chinese National and can not be allowed to live with my lawfull wedded wife in my own home and country. The Chinese will no doubt make good capital out of the situation. Leaving this all to one side as I know that there are lots of people in the same situation. The judgement is a devastating blow to getting the English language thrown out. I believe in fairness and honesty of which our government have none and yet for some unknown reason the people in this country can not see what is happening to their rights and freedoms. We are going to end up being the trash can of Europe at our present rate. I do not have the answers but I do use a little common sense and reasoning which seems lacking in our present government.
Chris did you see the photos of the party in the French Alps where they had Nazi uniforms and did Nazi salutes? Did you note one of the party was a Conservative MP and the French authorites are looking at prosecuting them? Does this explain the underlying philosophy of the Nasty Party and deep down what they stand for? Does it explain their policy?
It was economic stress in Europe that led to the rise of Nazism wasn't it?
Nazism was rabidly racist and it led to mass murder and extermination! Is history repeating itself? Is Camerons Democracy just a total Hypocracy and like all politicians he lies to get power and keep it! Who hired Coulson and appointed Fox and had visits from Murdoch? Who had pyjamma parties with Rebekka and lives close to Clarkson who wants to execute strkers? Who are now calling for sharpshooters to pick off rioters? Who wants to replace the Human Rights Act with a new Bill of Rights? Who will benefit from a new Bill of Rights the people or the ex public school £miiionaires who rule Britain and want to take back into the Victorian era? Why don't non-doms pay taxes like the rest of us? Why are big companies let off the tax hook? Why was Mousa Kousa Gaddafis prison keeper tortuer who allowed prisoners to be massacre let into the UK by MI6 allowed to collect his frozen financial assets and allowed to leave for Qatar? Why wasn't he detained and sent to the ICC for crime against humanity? What do your ex service colleauges and the Royal British Legion think about how you as an ex serviceman is being treated? Who are responsible the Coalition Govt and the spineless MPs who fail to challenge what Britain has become where the PM the Home Sec and Immigration Minister allowed Heathrow to become an open door for criminals terrorists and torturers! Who tried to pass the buck Moggy May the CAT lady!
i feel this language test idea of hitler rejime i would like to people think if you got marryed with your love one and someone trying to apart you your loved one thousends miles away how would you feel ?
i am feeling dipress hopeless discriminated .........................................
turkish- sorry about your situation some of us understand and agree with you. I am a British national. I have known my wife since 1984. She was here with me in the UK from 2008 until January 2011. She had to renew her visa in Jan 2011 and was refused because of the test and had to return to her own country. We have been parted for a year now.
The test is bogus. My doctors practise manager who is a born and bred British national took the test and failed it. There are many other British nationals in the same position as us ok.
The British PM Home Secretary and Immigration Minister are persueing a discriminatory racist policy targeting only NON EU nationals for purely political purposes and the MPs in Parliament haven't the backbone to challenge it so we all suffer, I now visit my wife twice a year but we would prefer it if she was back here with me in our own home and fully supported by me. You are right this is a regieme that is the same as the Nazis implemented when they targeted the Jews.Be assured there are many British national who are writing to their MPs and protesting.
My wife and I are strugling to get the english language up to the required standard for my wife to even think about passing the test for a visa. We now hear of another hurdle being brought in to jump over which is the minimum earnings test. Now once we have that in place the whole issue of being married to a non EU spouse is taking on a whole new meaning. Today I have found out that the Chinese visa requirements have changed and that I not only have to provide a copy of my flight tickets two way but a letter from my wife in Chinese formally inviting me to China. This now has to happen every time I go to be with my wife. If you play by the rules you fail and you end up looking at other ways to get around the problems and they are not always legal. This government have not thought all this through and I suspect the Chinese Authorities are now retaliating with a response to the descrination of their people both students and spouses. I knew that something was about to happen as my brother inlaw is very high up in the security arm of China and hinted something was coming to my wife. I am starting to check out the pension issues with a possability of living abroad as I refuse on principle to pay these exam fees and visa fees indefinatley. I wonder if a change in government will change anything, i suspect not.
Hi Geronimo, I nearly forgot. My ex servicemen friends all feel the same way. What is the point of serving your country when at the end you are treated like this. The problem is that i suspect like many of us we are descriminated against we are being rolled along by the immigration arguments being told by the government and the press. I believe we are in for a rough time and as of yet can not see a light at the end of this tunnel. That high court ruleing has caused no end of problems. best regards Chris
Hi Chris I sympathise and agree with your serviceman friends and I don't accept the views of an ex public school £multimillionaire who is just a public relation whally and a politician.
This is a guy who wants to change the NHS without involving GPs Surgeons Nurses and health professionals. PM Cameron T May and D Green are just untrustworthy politicians!
We see John Vine's report about the UKBA all of which has been known about for years and the these politicians did nothing to address the problem until it hit the public.
Now May wants to split the UKBA in two as if that will make any difference! Its the politicians who want splitting in two! Splitting the UKBA won't make any difference to the UKBA culture and the policies coming down from the politicians. Especially May who dodges taking responsibility for what she does and Green was the MP who got himself arrested in the House of Commons. So none of them have any credibility!
But the good news is the Sun journalists who got arrested have turned to the National Union of Journalists who are now quoting Article 10 of the Human Rights Act.
Geoffry Robinson QC has argued in favour protection of journalists sources in the Times.
Sun journalists previously scorned the Human Rights Act but now they see an advantage in it. So we could see journalists take a different perspective in future it could help with Article 8.
This Govt is slowly revealing that its incompetent racist and uncaring. When the public fully wake up then we could see changes. As an old soldier who trained with the Lee Enfield and Bren gun I'm with you and your sqaddy mates Chris so hang on and keep fighting the enemy in the Coalition Govt! Did you see the Gran who squared up to Lansly thats Bulldog spirit OK!!
Post new comment