Access to a child vs spouse visa HELP!!!

[heathbbtru]

I am a british citizen, I formerly worked for a british company abroad and have had a partner from the Dominican Republic for 3 years now (unmarried). Last year I had our baby here in Uk, and he visited on a family visit visa for 6 weeks. I am unable to return due to complications post birth, I am under ongoing medical treatment.
I want for my partner to be able to be with us over here, as a family, however I am unsure of the best way to do this as the spouse visa now requires the English Language test - he is a spanish speaker. But I think it will be much easier for him to learn the language in the country.
I have seen about the access to child visa, however this seems to continually relate to 'separated' couples??

If you do know anything regarding this please could you perhaps give me a bit of advice if you could. It would be much appreciated. At the moment I am going for the temporary family visit again. But if I could do one of the others I will.

I have read in the UN Convention re childrens rights to a family and to be cared for by both parents.

Thanks in advance,

[shahzad80]

..............

[John]

heathbbtru, is it the intention for the two of you to get married?

Also his current English language ability, how much English has he got?

[heathbbtru]

We have been together 3 years. I worked in his country and speak spanish. But I need to stay in the Uk at the moment due to medical complications.
He does not speak english at the moment.

[John]

The problem is that in order to get a settlement-class visa .... fiancé, spouse or unmarried partner .... he needs to produce a certificate showing that his English ability is at least ESOL Entry level 1. That is a pretty basic level, so if he has absolutely no English ability, well, he needs to get studying.

My question about marriage? After all if he enters the UK on a fiancé visa the marriage can take place in the UK.

[heathbbtru]

What I do not understand is, is there no way that involves the child? After all surely by being seperated this affects her rights to a family??
Irrelevant of what language he can or cant speak.

[John]

Irrelevant of what language he can or cant speak.

I don't make the rules, the Home Office and UKBA do!

Absolutely no English ability = no visa! New test introduced last autumn. Certificate showing at least ESOL Entry level 1 needed.

Are you ever going to answer my question about marriage?

[heathbbtru]

We are engaged. But have no plans to marry in the near future.
I am aware of the English language test - I wasn't implying you made the rules. I was merely asking if anyone knew of another way around it? Because surely just because people can or cant speak a language, should not be the definition of who can or can't be together. In the Human Rights Act it states you have the right to a family life. And surely this legislation goes against that. Is all I was stating.

Thanks

[John]

Given that the two of you do not plan to marry within a 6-month period, a fiancé visa is not appropriate. After all such visas are issued for a 6-month period, so that the person can come to the UK and then get married before the visa expires.

In the Human Rights Act it states you have the right to a family life.

It does, but it does not say where in the world that right to family life can be enjoyed. The UK Government would argue that you can live together in his country. You would need to produce good evidence if you cannot do that.