Pre-departure language requirements for family reunification

Abstract

This paper argues that pre-departure language requirements for family reunification are unjustified. Such requirements are assumed to safeguard (1) the non-instrumental cultural interests of citizens of the receiving society and (2) the instrumental language interests of both citizens and immigrants, for democratic life and political participation. The paper explores nationalist and multiculturalist arguments for implementing post-arrival integration to ensure a shared public language but contends that such arguments cannot justify pre-departure language requirements. In addition, instrumental language interests for democratic political life fall empirically short and place undue burdens on immigrants. The case of family reunification poses a unique moral problem, given the vital interest in living with one's family. The paper argues that the linguistic interests of the receiving state, in general, do not outweigh the claim to family reunification.