Would UK Immigration Law Come Full Circle?



PRAVASI TODAY BUREAU

The debate on the new UK immigration law goes on. Indian commerce and Industry Minister Anand Sharma has raised concerns over the ways in which Indians are treated

The English speak English. But would it mean, only an English speaker can migrate to England? However the new UK immigration law which came into effect in November last year states that knowledge of English is one of the requirements for overseas spouses to gain a marriage visa.

The immigration law amendment was recently challenged by an Indian couple, Rashida and Vali Chapti. They had gone to a court in Birmingham. One of the aspects of the debate on immigration law is the criticism of the erstwhile immigration policy of previous Labour party led-government by Ed Miliband. He said that “we need a tough immigration policy but I think free movement of labour is right for Britain”. However, the UK Labour Party Policy on immigration remains more liberal than the current Conservative government. The new law led to quite high refusal rate for Indians, applying for UK visit visas, too. Recently Indian Commerce and Industry Minister Anand Sharma raised concerns with UK Secretary of State for Justice Kenneth Clarke about the way in which Indians who apply for UK visas are treated.

The EU court, recently after hearing a case, granted Ruiz Zambrano – a non – EU carer of a British citizen – the right to stay in UK. The judgement has favoured a lot of non–EU caregivers. Obviously the immigration law is likely to be amended according to the judgement.

Indian visa seekers and the Indian community in UK (one and half million strong) are hardest hit by the recent restrictions. Many Indian health care, IT, engineering professionals came to UK under the now- defunct Tier 1 (General) visa. That was replaced by the Tier 1 (Exceptional Talent) visa, which is very difficult to qualify for and is capped at 1,000 per year.

Non-English speakers too are disqualified, as per the new law, to gain a marriage visa. Rashida Chapti, an Indian woman living in the UK, finds herself unable to bring her husband Vali Chapti to live with her. Vali, an Indian citizen unable to speak, read or write English, too wants to come and stay with his wife permanently along with their six children. They have gone to Birmingham court to challenge the legal requirement that an overseas spouse of a British citizen or resident needs to know English to gain a marriage visa. According to Manjit Gill, the solicitor representing the couple, the new rule is the breach of human rights including the right to marry and right not to be discriminated against.

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