During the past two decades, an increasing number of European countries have introduced language requirements for residency, citizenship, and sometimes even for entry to the country and family reunification. As a result, democratic rights as well as basic human rights have come to depend upon an individual's ability to obtain a certain score on a language test and the consequences of failing may be detrimental. In the field of language testing, this use of language tests is often referred to as "test misuse," yet the term lacks a precise definition in the literature. In this paper we propose a definition of test misuse in relation to language tests for migration purposes and focus particular attention on low-literate adult migrants for whom the requirements pose a considerable barrier. The main purpose of this paper is to address the question why language tests are being misused in migration policies, exploring linguistic, political as well as test theoretical explanations. We suggest that a more central role of test misuse in validity theory is essential in order to remedy its lack of research focus in our field.