Monday, August 1, 2011

Immigration laws ban Indian husband from moving ... - legal knowledge

1312052556 89 Immigration laws ban Indian husband from moving to UK

By Andy Dolan

Last updated at 12:55 AM on 30th July 2011

A wife fighting immigration laws which bar her Indian husband from moving to the UK admitted yesterday he would not learn the language even if they win their battle.

Rashida Chapti, 54, this week launched a human rights case claiming new immigration rules requiring immigrants to have a basic command of English infringe the couple?s right to a ?private and family life?.

The rules, brought in by Home Secretary Theresa may last year as part of attempts to curb net migration and ensure immigrants can integrate into British society.

Defiant: Rashida Chapti argues that demanding her husband speak English is against their rights and is a ?racist? rule

But yesterday, mrs Chapti, who speaks only halting English herself, said 58-year-old husband Vali Chapti, a farmer from the Gujaratti village of Valan, was ?too old? to learn the language and branded the immigration rules ?racist?.

She told the BBC: ?It?s my right to be with my husband and I want to be with him.

?He is too old to learn (English) and he also lives in a very remote place. If he was younger he could learn English ? if he had come earlier he would have learned it but now he is too old.

?It is impossible for him to learn English. I will keep fighting until the law is overturned.?

The couple have seven grown up children aged between 18 and 36. all were born in India and want to remain in their homeland except the youngest child, the only sibling not able to speak English.

MP Dominic Raab insists learning the local language helps integration

But the new rules apply only to migrants coming or settling in the UK as a spouse, and not children, so the High Court case concerns only mr Chapti.

Mrs Chapti claimed that even though her husband-of 37-years would not learn the language if he was given permission to join her at the home she shares with relatives in Leicester, he would be able to find work in the clothes factory where she works as a machinist.

She moved to the UK with her elderly parents six years ago, travelling on a British protected passport first issued when the family lived in Malawi, Africa, which was then a British colony.

She then successfully applied for naturalisation as a British citizen, then attempted to ?send for? her husband and youngest child.

Manjit Gill QC representing mrs Chapti, told the High Court in Birmingham the challenge to the new rules was based on Article 8 of the European Convention on Human Rights, which protects the right to a ?private and family life? and Article 12, the right to marry.

Their legal-aid funded case also argues the language tests for non-EU migrants discriminate on race grounds against migrants from India, Pakistan and the Middle East.

Mian Mayat, a local Labour city councillor, is backing the Chaptis? fight.

He said mr Chapti would have to travel 180 miles to a Government-approved language school in Mumbai to lean English and would need around 50 lessons at

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Source: http://www.legal-knowledge.net/immigration-laws-ban-indian-husband-from-moving-to-uk/

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