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I would not strike down the Rule or declare it invalid. It will not be an unjustified interference with article 8 rights in all cases. It is capable of being operated in a manner which is compatible with the convention rights. Hence the appellants must be denied the remedy they seek. However, the operation of the Rule, in the light of the present Guidance, is likely to be incompatible with the convention rights of a significant number of sponsors. There may well be some benefit, therefore, both to individuals and to those administering the Rule, in declaring that its application will be incompatible with the Convention rights of a UK citizen or person settled here, in cases where it is impracticable without incurring unreasonable expense for his or her partner to gain access to the necessary tuition or to take the test. But this was not the remedy sought by the appellants and we have received no submissions on it. I would therefore invite such submissions before finally deciding the outcome of this appeal.
