If the challenge is successful, it will set a precedent, says Vali Chapti 3rd August 2011: Vali Chapti, the Indian husband fighting it out with the Government to find his way into the UK for joining his spouse, believes his victory will open doors for many.
If the challenge is successful, it will set a precedent. The decision will eventually open the gates for other spouses across the world, separated by the rules introduced by the Government in its attempt to curb net immigration, Vali says.
He adds his wife may be fighting for him. But when they win, the victory will help others also to come to the UK.
Convinced it’s racist to bar him from entering the UK for his poor knowledge of English, Vali says his human rights have been breached by the rules.
Insisting he can easily manage without learning the language, Vali says there were many Gujarati speakers in Leicester. It will be the main language where he plans to stay..
Breaking his silence on the issue, Vali — a farmer who hopes to join his wife in Leicester — says he is confident of his success, and will bring one of his sons along with him to the UK after he is provided access.
Quoting Vali, the Daily Mail says its been long since they stayed together. In fact, he has seen his wife once in the previous six years after she moved to the UK on a passport she obtained during her stay in Malawi, Africa
Married for 37 years, he questions: ‘How can the British Government deny me the right to live with my wife at this late stage of my life because I am unable to speak the language?’
Narrating the difficulties in staying together, he says several of their seven children had previously applied for visas to join their mother, but were denied entry.
Claiming to have faith in the right of a husband and wife to be together, Vali says he wants to come to England as soon as he can. However long it takes, they will fight until they receive justice in the case. If they are rejected, they will appeal again and again for their human rights to be respected.
The rule requiring people to speak English before joining their spouse in the UK has already come under the judicial scanner, with the couple’s lawyer appealing against the policy describing it as “racist”.
As per the Home Office requirement, anyone entering the UK to join their spouse must speak a minimum level of English. But, the lawyers told the High Court, sitting in Birmingham, that the tougher language tests discriminated against British-Indian families and their traditions.
In all, three couples are challenging the rules introduced in November 2010.
In the case of British citizen Rashida Chapti, she wants Vali to move permanently to the UK, but he cannot speak, read or write English.
According to the immigration rules, Vali has to show a basic knowledge of English before being granted the permission to stay.
Appearing for the couple, Manjit Gill QC, told the High Court that the rules were against their rights to a family life and amounted to racial discrimination.
Elaborating, Gill said the rules stopped a British citizen from living with her husband purely because he was a foreign citizen who did not speak English.
"’The rule is designed, putting it crudely, to keep out persons who tend to marry within their communities, who tend to have arranged marriages, who tend to be from the Indian subcontinent and the Middle East in particular," said Gill.