Why do we have to do test?

[shaz111]

I have just recently realised that non EEA spouses of EEA countries do not have to do the english test! So why do our spouses? Is this not beloved of some form??

[Greenie]

spouses of EEA nationals have the right to freedom of movement within the EEA and therefore cannot be subject to language tests in order to exercise that right of freedom of movement where they seek to rely on the EEA regulations.

Spouses of British/settled persons apply under the immigration rules, which are premised on immigration control, and not freedom of movement.

[shaz111]

sorry to go on, but are we not part of the EEA? just all seems very unfair

would i not have a case to try and persue this?

[Greenie]

sorry to go on, but are we not part of the EEA? just all seems very unfair

would i not have a case to try and persue this?

you can only make use of the EEA freedom of movement regs if you are exercising your right of freedom of movement - for example if you are British - and you have been working in another EEA country and wish to come back to the UK with your spouse, your spouse can apply under the EEA regs. If you have ILR and are not British then you cannot make use of the regulations

They tried to argue that the English language requirement was discriminatory in Chapti, and failed.