Hundreds of foreigners from non-English speaking countries, mostly from the Indian subcontinent, find themselves effectively barred from joining their spouses or partners in Britain following a court ruling that upheld a government rule that foreign nationals must learn English before they are allowed to come and live with their British spouses.
A High Court judge rejected a challenge to the rule brought by three couples, including an Indian national married to a Briton, on the grounds that it was discriminatory and interfered with their rights to a family life guaranteed under the European Convention on Human Rights, but the court rejected their plea.
Judge Jack Beatson also rejected their claim that the rule was discriminatory as it applied only to people from non-English speaking countries.
He acknowledged that the rule, introduced in November last year to reduce immigration, affected the claimants' family life, but said it was aimed at promoting integration and protecting public services, both of which were “legitimate aims.”
“The new rule impacts on the Article-8 rights of the claimants, [the right to a family life] but its aims, to promote integration and to protect public services, are legitimate aims,” the judgment said. Taking into account all the material before the court, including the exceptions to the new rule, it is not a disproportionate interference with family life and is justified,” Judge Beatson ruled.
Those who had challenged the rule included Rashida Chapti (54), a British national, and her Indian husband Vali Chapti (57), who does not speak English. They have been married for more than 30 years and have six children but live apart with Ms. Chapti dividing her time between Britain and India.
Immigrant groups criticised the ruling saying it would divide families. “No one in their right mind would pretend that learning English is not a good thing for immigrants in the United Kingdom to do. This ruling, however, will mean that many British citizens will continue to experience enforced and indefinite separation from loved ones, partners, and in some cases, their children,” said Hina Majid of the Joint Council for the Welfare of Immigrants.
Immigration Minister Damian Green, however, welcomed the ruling saying that it was “entirely reasonable that someone intending to live in the U.K. should understand English, so that they can integrate and participate fully in our society.”
Keywords: U.K. immigration laws
I find nothing wrong in the British Government expecting all
immigrants to learn English. Is that ethically wrong? Maybe. Is that
politically motivated? Perhaps (the Conservatives, who are in power in
the UK, are not exactly "immigration friendly".
That being said, it does help to learn to speak and write English. Let
us look at the practical aspect. These immigrants - would they
interact only with their own community, when they immigrate? Would
they not have a need to speak or write in English?.
In Canada, I have seen this - People who do not speak English and only
converse in their language (be it Hindi, Punjabi, Chinese, Vietnamese,
or any East European language) do not interact with the mainstream
society.So much for being multicultural.
As for Macaulay, he lived between 1800 and 1859. The world has changed
a great deal, from that time.
Dear Seshachalam gopalakrishnan why we indians from such a great country want to settle in UK, be indian, live in India, work for the betterment for India, Jai Hind, do not be Jai in UK as you are in UK.
Lord Macaulay said the following about India in British Parliament' years ago. "I have traveled across the length and breadth of India and I have not seen one person who is a beggar, who is a thief. Such wealth I have seen in this country, such high moral values, people of such calibre, that I do not think we would ever conquer this country, unless we break the very backbone of this nation, which is her spiritual and cultural heritage, and, therefore, I propose that we replace her old and ancient education system, her culture, for if the Indians think that all that is foreign and English is good and greater than their own, they will lose their self-esteem, their native self-culture and they will become what we want them, a truly dominated nation."Perhaps Macaulay had not fully succeeded in making Indians learn English at all ages.UK wants to start where he left.But this would only unite Indians in UK.Macaulay may turn in his grave.
Learning and knowing good English must be made compulsory for a boy or a girl coming to UK on marriage ground. This is a necessity beside
other requirements of English culture traits. Most of the marriages
break down because of differences in 'culture' of a boy and a girl coming from different environment/country which is the major impediment for adjustment between the two. Knowing of English language
and other cultural identity bring and keep two near and together.
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