Partner language requirements and new borders for family life

In October 2020, the Australian government outlined budgetary plans to create language requirements for migrant partners seeking to remain in the country permanently. They would now need a ‘functional’ level of English and make a ‘reasonable’ effort to learn English. A ‘reasonable’ effort would mean undertaking over 500 hours of (free) English classes over five years or pass an English test.

In this post, I outline the issues arising from this proposal informed by my previous relevant research in the UK.

The social dimension of language testing

Language testing and assessment, especially in relation to immigration and settlement, cannot be extricated from their social foundations and the prevailing political debates that contribute to their introduction.

In Australia language tests have long been used to distinguish between desirable and undesirable immigrants and citizens. The notorious Dictation Test implemented under the Immigration Restriction Act 1901 as part of the White Australia Policy, for instance, was administered to undesired arrivals and, in the form of a dictation test in a random European language, was almost impossible to pass.

I argue that the current migrant partner measures provide new iterations of this legacy under the guise of  “integration.”

The British experience with an English language test for partner visas

Perhaps the British context, where similar measures have been in place since 2012, may provide clues as to what the social consequences of the proposed policy might be. My comparison here is based on research I conducted between 2014 and 2016 as part of a research team for an ESRC (Economic and Social Research Council) funded project at the University of Leicester on the British citizenship test process.

In the UK, those seeking to re-unite with a non-EU partner must first demonstrate that they can earn a minimum salary of 18,000GBP per year. The partner must also pass an English test prior to arrival in the UK. This requirement obviously predominantly affects non-white families, as EU migrants and those from an English-dominant country such as Australia or the US are exempt from the requirement.

The English language test is highly onerous

Language testing prior to arrival in the UK is expensive and time-consuming. The testing process alone delays family reunification because gaining access to test centres can be arduous. In many countries, simply taking the test involves traveling to towns and cities far away from home. This generates costs on top of the exam fee and involves losses that accrue through time off work, as I show in Khan (2020).

Migrant language testing and assessment create borders

Whether through language testing or classes, injunctions are placed on migrants backed by legal and linguistic authority to regulate their access to rights and resources based on their language proficiency. These borders can extend the jurisdiction outside territories, as is the case in the UK, or enforced within them as is the case with the newly proposed measures in Australia. It also means that testers, institutions and teachers are on the front line of ‘border-work’ in implementing the measures.

Whether through territorially externalised borders or internalised bordering, the new Australian language requirements also create borders for families within families. The new proposals provide linguistic borders which replace existing recourse to rights and resources with conditionality. This is a key element of bordering practices and means the ‘assessed’ must fulfil the conditions to be ‘believed’ by the state and should they fail, they remain outside the border vulnerable to the harms caused by further exclusion.

Language tests for migration purposes discriminate against women

In our research on citizenship tests with over 150 participants we found consistently that those most negatively affected were women, usually mothers, from non-European countries. These women struggle to pass the test because they lack the means to improve their English while often dealing with childcare and domestic duties. This therefore demonstrates the intersectional nature in which language testing for migration purposes can exacerbate inequalities among those who are supposed to most benefit.

Language tests for family reunification are discriminatory

The new proposals are discriminatory in several intersecting ways. Firstly, the introduction of English language requirements immediately makes it more onerous for those from non-English dominant countries and becomes a racist proxy. Secondly, the time and expenses required, particularly in not being able to access the job market in the meantime, affects migrants in terms of socioeconomic means and class. Thirdly, women who are juggling several forms of care roles struggle the most. This is all before taking into consideration the role of literacy and level of education. All in all, the new language requirements are likely to exacerbate existing inequalities rather than eradicate them.

Everything that's wrong with the new #English #language requirement for a partner visa to #Australia

Explainer in short thread 👇🏼https://t.co/KN6WBENxTP

— Language on the Move (@Lg_on_the_Move) October 7, 2020

Reference

Khan, Kamran. (2020). Raciolinguistic border-making and the elasticity of assessment and believeability in the UK citizenship process. Ethnicities, 1468796820971441. doi:10.1177/1468796820971441

Related content

Faine, Miriam (2020). English language proficiency and national cohesion. Language on the Move.