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Ali and Bibi: UKSC upholds pre-entry English test for spouses and partners but finds Home Office guidance liable to infringe Article 8

Published on: 20 November 2015

Published by a LexisNexis Immigration expert
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Article summary

Original news R (on the application of Ali) v Secretary of State for the Home Department; R (on the application of Bibi) v Secretary of State for the Home Department (Liberty Intervening) [2015] UKSC 68, [2015] All ER (D) 150 (Nov)

The Supreme Court concluded, among other points, that obliging the overseas spouse or partner of a UK citizen, or a person settled in the UK, to pass an English language competence test before joining them was not an unjustified infringement of rights under ECHR, art 8.

What key issues do these cases raise?

Mrs Bibi and Mrs Ali are British nationals married to non-EEA citizens. Following amendments to the Immigration Rules on 29 November 2010, their husbands had to demonstrate English language ability by passing a competence test before being admitted to the UK for settlement. The rule does not apply in every case—for example, spouses or partners who are nationals of a majority English-speaking state are exempt. The rule also excuses applicants who:

  • are aged 65 or over
  • have a disability (physical or mental condition) that prevents them from...

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