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McGill & Co is a Scottish immigration law firm specialising in UK immigration, nationality and refugee law.

English Language Tests ruled proportionate

15 April 2013 McGill & Co Solicitors Immigration

The Court of Appeal has issued its judgement in respect of the challenge made to the introduction of the english language tests for fiances, partners & spouses coming and remaining in the UK.Although there had been a ruling in the High Court last year where it was declared that the amendment to the Rules whilst interfering with Family life was nevertheless justified, an appeal proceeded to the Court of Appeal, challenging the finding of justification, with the Secretary of State challenging the finding that there was interference.

Finding that the crux of the challenge failed, the Court of Appeal held that it was a perfectly reasonable and proportionate response to a significant and real problem of partners and spouses lacking a basic level of english after entry to the UK. The Court considered that individuals may well seek to invoke Article 8 in applications, section 55 of the Borders, Citizenship & Immigration Act 2009 or even arguement of exceptional compassionate circumstances but the thrust of the arguement had to fail.

BIBI V SSHD 2013 EWCA Civ 322

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