UK Border Agency announces date for spouse and partner language tests
From 29 November 2010 any migrant who wants to enter or remain in the UK as the partner of a British citizen or a person settled here will need to show that they can speak and understand English. From this date, English language tests will become compulsory for all third country migrants who want to enter the UK as the spouse or a civil partner. The tests will be compulsory for all spouses, civil partners, fiances and fiancees of British citizens or others settled in ther UK. However, they will not apply to the spouses or civil partners of people who are citizens of other members states of the EU.
In a ministerial statement of 26 July, immigration minister Damian Green explained that from the November date migrant spouses and partners will be expected to demonstrate a command of the English language at A1 level of the Common European Framework of Reference. This is the same standard required from people coming to the UK under the Tiers 1 and 2 provisions of the Points-Based Scheme, dealing with skilled workers. Applicants will be expected to provide evidence that they have passed a test with a UKBA-approved provider unless they are citizens of one the 16 countries set out on its offical a list. Mr Green repeats the Home Office's rationale for this requirement, namely that it will "help ensure that migrant spouses are able to participate in British life from the onset and integrate more easily into wider UK society."
Critics of the measure point out that it is likely to generate barriers to family reunification for a minority of applicants. These are likely to be people of modest personal circumstances living in rural areas of countries were the English language is not routinely taught in the national education system. They have questioned the necessity of imposing a test on applicants at the visa stage when there is already a requirement that spouses and partners who have been admitted to the UK should have to demonstrate competent English on applying for settlement.
