An Indian national will not be able to move back to the UK to join his family in Leicester, following the dismissal of a legal challenge he and his wife put forward against the new rule that only English-speaking individuals can move to the UK.
57 year old Vali Chapti and his British citizen wife, Rashida Chapti, 54, released a judicial review at the High Court, along with two other couples.
The document stated that the rule was a form of discrimination and that it breached their right to a family life.
However, the High Court turned away the legal challenge, arguing that the new ‘pre-entry’ English language test that was launched by Home Secretary Theresa May in June 2010, did not get in the way of the right of the three couples.
Making his statement at the High Court in Birmingham, Mr Justice Beatson said the new law was not an unfair interference with family life.
However, the move will mean that Mr Chapti, who cannot speak, read or write English, will not be able to move to Everington, Leicester to join his six children and wife, who he has been married to for 37 years.
The lawyers of the three couples argued that the rule breached their clients’ rights to a family life and the right to marry under the European Convention on Human Rights.
They also pointed out that the requirement to speak English was unlawful and discriminatory on the grounds of race and nationality.
