Any News On The Eu Court Of Civil Rights Case?

[xybadog]

A couple of months back a case entered the EU court of civil rights, expected to be a landmark case, regarding the UK Immigration rules on ability to speak English to a certain standard and the knowledge of the country.

The case was brought by a UK resident who wanted to bring his non-UK/non-EU wife (not Thai) to the UK. He was arguing that this infringed civil rights of his wife and himself by not allowing them to live together. The wife was refused leave to remain permanently because she lacked the standard of English language and knowledge of the country that is required. A large part of his argument was that EU immigrants can enter regardless of their level of English language (many of them speak virtually no English at all apart from pleasantries), and asylum seekers don't need to prove their aptitude either.

The last I heard was that it was going well, in favour of the guy who brought the case to court and, if he was to win, this would have massive implications on other applications as well the UK immigration system as a whole.

But I've not heard if this case was won or lost or if it's still continuing. Anyone else heard anything?

[bangkockney]

Case was heard late July 2011. Judgement pending.

Edit: I could be talking about a different case. Same subject matter, but in UK. AFAIK this case is the test case on the subject of pre-entry language requirements.

What's the European Court of Civil Rights? Do you mean of Human Rights, in Strasbourg-Cedex?

Edited October 16, 2011 by bangkockney

[7by7]

The right of free movement within the EEA by EEA nationals and their families, even if the family member(s) are non EEA nationals, is enshrined in various EEA treaties. These treaties mean that a member state cannot apply it's own immigration rules to EEA nationals or their qualifying non EEA national family members but must use the EEA regulations.

Each EEA member country, though, is allowed to apply it's own immigration law and requirements to non EEA nationals who are not qualifying family members of an EEA national.

If such a case were to succeed on the grounds that to apply one set of requirements to EEA nationals and their qualifying non EEA family and a different set to all others is discriminatory and unlawful then this would mean that;

• either every EEA state would have to abolish their own immigration laws and requirements and apply the EEA regulations to every immigrant, regardless of their nationality;
• or all the EEA free movement treaties and regulations arising from same would have to be scrapped.

Frankly, I can't see either happening.

But I'm no lawyer.

[potter09]

My recollection is that a judicial review application in this regard was heard in a UK High Court and I haven't seen its outcome as yet. The link below is to counsel's advice in relation to the same subject matter(by Rabinder Singh QC and Aileen McColgan,Matrix Chambers) dated 21 September 2010. They conclude:

"For the reasons set out above we advise that there are serious grounds for concern as to whether the imposition of pre-entry language

requirements, as proposed by the UKBA, is consistent with the UK's obligations under Articles 8 and 14 of the European Convention on Human Rights, and also with the positive obligations imposed on public authorities (specifically here the UKBA) by the Race Relations Act 1976."

http://www.liberty-h...e-sept-2010.pdf

Edited October 16, 2011 by potter09

[xybadog]

My recollection is that a judicial review application in this regard was heard in a UK High Court and I haven't seen its outcome as yet. The link below is to counsel's advice in relation to the same subject matter(by Rabinder Singh QC and Aileen McColgan,Matrix Chambers) dated 21 September 2010. They conclude:

"For the reasons set out above we advise that there are serious grounds for concern as to whether the imposition of pre-entry language

requirements, as proposed by the UKBA, is consistent with the UK's obligations under Articles 8 and 14 of the European Convention on Human Rights, and also with the positive obligations imposed on public authorities (specifically here the UKBA) by the Race Relations Act 1976."

http://www.liberty-h...e-sept-2010.pdf

Very interesting! Thanks for this.

[bangkockney]

Then we are talking about the same case. As I said heard in Birmingham in late July.

It's not about EEA v non EEA but the UK's unique double language requirement.

It was argued that the new rules are unlawful at common law and/or incompatible with Articles 8 (right to private and family life) and 12 (right to marry), coupled with Article 14 ECHR (obligation not to discriminate in relation to enjoyment of Convention rights); there is already a requirement for migrant spouses/partners to learn English. The change to the Rules therefore concerns where and when. Applicants with no or very little knowledge of English could previously come into the country for a maximum of 27 months, after which they would have to demonstrate “sufficient knowledge of the English language and sufficient knowledge about life in the UK” . Those wishing to apply for indefinite leave to remain upon entry had to pass a language test.

[xybadog]

Applicants with no or very little knowledge of English could previously come into the country for a maximum of 27 months, after which they would have to demonstrate "sufficient knowledge of the English language and sufficient knowledge about life in the UK" . Those wishing to apply for indefinite leave to remain upon entry had to pass a language test.

Ah, I didn't know that. I thought they had to prove this ability/aptitude when applying for the visa.

Edited October 16, 2011 by xybadog

[Naam]

Applicants with no or very little knowledge of English could previously come into the country for a maximum of 27 months, after which they would have to demonstrate "sufficient knowledge of the English language and sufficient knowledge about life in the UK" . Those wishing to apply for indefinite leave to remain upon entry had to pass a language test.

Ah, I didn't know that. I thought they had to prove this ability/aptitude when applying for the visa.

that applies to those who wish to join their husbands/wives in Germany. a regulation only a few years old. regulation can be legally circumvented by getting a Schengen visa for the "war bride/groom" and take her to Germany via another EU country. based on several "OLG" rulings authorities will not attempt to deport her/him.