Category Archives: English Tests

Court of Appeal rejects fresh evidence in TOEIC case

Posted on July 21, 2021 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

R (Mahmud) v Upper Tribunal (Immigration and Asylum Chamber) [2021] EWCA Civ 1004 (08 July 2021)  In these judicial review proceedings, Sir Nigel Davis and Singh and Dingemans LJJ held that there was no reasonable prospect of successfully appealing against … Continue reading →

Posted in Court of Appeal, CPR, English Tests, Judicial Review, Pakistan, TOEIC, Tribunals | Tagged , , , , , , | Leave a comment

Supreme Court: Pre-entry English Tests Are Lawful

Posted on December 25, 2015 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

R (Ali and Bibi) v Secretary of State for the Home Department [2015] UKSC 68 (18 November 2015) Language, the most common human currency and form of expression, has become central to the great cultural tug-of-war unfolding in British society … Continue reading →

Posted in Appendix FM, Article 14, Article 8, ECHR, English Tests, Entry Clearance, Human Rights Act, Immigration Rules, Judicial Review, Lady Hale, Proportionality, UKSC | Tagged , , , , , | 2 Comments

Pre-entry English Tests for Spouses: ‘Benign Reform’ or ‘Social Engineering’?

Posted on February 2, 2015 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

A Supreme Court panel consisting of Lord Neuberger, Lady Hale, Lord Kerr, Lord Hughes and Lord Hodge looks set to hear Saffna Abdulla Mohammed Ali and Saiqa Bibi’s cases on 25 February 2015. These proceedings originated as a judicial review … Continue reading →

Posted in Article 12, Article 14, Article 8, ECHR, English Tests, Immigration Rules, Proportionality, Spouses, UKSC | Tagged , , | Leave a comment

Barriers to entry: spouses’ English tests upheld

Posted on December 19, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Language is the commonest human currency and it has an historical connection to culture and politics. Ostensibly, English remains the lingua franca of the world. Yet its imposition upon people – often far away in a Gujarati, Punjabi or Yemeni … Continue reading →

Posted in Article 12, Article 14, Article 8, Cases, English Tests, Human Rights, Immigration Rules, s 55 BCIA | Tagged , , , , , | Leave a comment

Revised IDI for family members

Posted on January 6, 2011 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

In its bid to provide free information (as dictated by statute) the UKBA yesterday took the step of publishing a revised chapter of its immigration directorates’ instructions (IDIs) which covers the topic of family members. The said IDI has been revised in … Continue reading →

Posted in Article 8, ECHR, English Tests, Immigration Law, Immigration Rules | Tagged , , , , | Leave a comment

New English tests are here

Posted on November 29, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Via statement of changes to the rules CM 7944 the home secretary has introduced English language tests for spouses from today. This change will affect applications made by spouses, civil partners, unmarried partners, same-sex partners, fiancé(e)s and proposed civil partners who are involved with … Continue reading →

Posted in Article 8, Dependants, English Tests, European Union, Immigration Law, Settlement, Spouses, UKBA | Tagged , , , , , | Leave a comment

English language tests for dependants

Posted on November 17, 2010 by Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Changes in the immigration rules laid before Parliament in October 2010 will be introduced on 29 November 2010. From then on all dependants except those in the Points Based System will have to show competence in English at level A1 of … Continue reading →

Posted in Article 14, Article 8, Bangladesh, Dependants, ECHR, Employment, English Tests, Immigration Law, Immigration Rules, India, Pakistan, PBS, Settlement, Spouses, UKBA | Tagged , , , , , , , , , | Leave a comment