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Revised English language requirements now in force

December 2010 - Immigration. Legal Developments by Penningtons Solicitors LLP.

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As Penningtons Solicitors LLP announced on this site in October, new English language requirements for partners of non-EU migrants entering the UK came into force on 29 November.

The new guidelines require individuals, who are coming to join their partners in the UK and therefore applying for a visa, to prove that they have a command of the English language. This means that their knowledge of the language must be sufficient enough to cope on a daily basis. This must include being able to introduce themselves to others, understand basic information and instructions and write simple messages. The rules cover not only those who are applying for visas from abroad but also those who wish to extend their stay in the country. Until the introduction of these new requirements, anyone wanting to live in the UK in order to join their partner only had to provide evidence that the marriage or partnership was genuine and they had the financial resources available to support themselves. Theresa May, the Home Secretary, said however that speaking English 'should be a pre-requisite for anyone who wants to settle here'. She went on to say that these new language requirements would be the first step towards 'promoting integration, removing cultural barriers and protecting public services'. The Government is currently reviewing English language requirements across the entire visa system and it is fully expected to strengthen requirements even further over the coming months. The new requirements have been met with criticism from some quarters, with the Migrants' Right Network stating that while 'the benefits of learning English are obvious, couples should not be penalised for wanting to be together'.

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