This Article is From Nov 26, 2011

Indian couple in UK challenges immigration law

Indian couple in UK challenges immigration law

An Indian couple has sought a judicial review of Britain immigration rules requiring  immigrants to be able to speak English before they can move to Britain to join their spouse, saying the rule is a breach of human rights, a High court has heard. 

Rashida Chapti, 54 -- a British citizen -- wants the law scrapped so that her 57-year-old husband Vali, an Indian  national who cannot speak English, can join her. The couple have been married for 37 years and have six  children. Chapti has reportedly been travelling between India  and England for 15 years and has now asked for her husband to  join her.

Under immigration rules which came into force last November, he cannot do so due to an English language  requirement, thought to be part of the government's pledge to  reduce net migration.

The Chaptis and two other couples have begun  proceedings to contest the rule. Speaking from her home in  Leicester, Chapti told the Daily Telegraph her husband was too  old to learn English. 

"I just want to be with my husband. I miss him," she said. "I believe he has every right to be with me." At the High Court in Birmingham, Manjit Gill, who is  representing the Chaptis, told the court that the requirement  to speak English contravenes several articles of the European  Convention on Human Rights.

He said individuals have "certain core rights", such  as the right to marry, to find a family, to cohabit and to  live in a family unit, a family being an essential building block of society.  

"Someone who is settled here, someone who is a British  citizen, is ordinarily entitled to have their spouse living with them, providing it is a genuine marriage, providing there  is no recourse to public funds," he said.