The UK Border Agency has once again issued another statement on reforming routes for family migration.
This reform, according to the UK Border Agency, is still at a consultation stage but it calls for concern nonetheless. The consultation closes on 6th October 2011.
Migrants Watch UK is reproducing hereunder an excerpt from the reform and would welcome comments from everyone on it.
“Spouses
• The introduction of a specific minimum income requirement (for maintenance purposes) for British and settled sponsors to bring family members over – MAC is to advise on the level
• An extension of the probationary period for spouses so that they will wait five instead of two years before they are able to settle
• The introduction of a more specific definition of what constitutes ‘a genuine and continuing relationship”
• Pushing up the language level requirements for settlement purposes from A1 to B1 level
• Requiring the production of more substantial documentation to substantiate marriage applications
• Examining interview arrangements for sponsors
• The ending of the possibility of immediate settlement for those who have been married for 4 years and are living abroad- it is proposed that such individuals will also have to complete a 5 year settlement period
• Restricting the ability of those sponsored as a spouse to sponsor another spouse or partner from within 5 years of settlement
• The possibility of a requirement to take out medical insurance for certain family members (the detail of this will be in a consultation by the Department of Health)
• Introduction of powers to delay marriages which are suspected of being ‘sham’ marriages and the introduction of sham ‘lawful impediment’ to marriage in England and Wales
• And greater work with the European Commission to address this
• Combining some functions of the registrar of the UK Border Agency and marriage registrars
• Legislating to make forced marriage a criminal offence
Other Family Members
• The introduction of a specific income threshold for sponsors of dependants for maintenance and accommodation – MAC is to advise on this
• The ending of indefinite leave to enter for adult dependants and dependants aged 65 or over and the introduction of a 5 year settlement period
• The introduction of a more exacting requirement for dependence in the case of parents/grandparents aged 65, and the possibility of increasing the age threshold
• The introduction of pre-entry language requirements for dependants aged 16 or 17, or aged under 65 (level A1 standard)
• Introducing changes to the length of leave granted to 17 year old dependants nearing their 18th birthday
• The introduction of more exacting settlement language requirements at B1 level for the above groups
PBS Family Members
• Increasing the probationary period from 2-5 years- with only time spent in the UK counting towards this
• The introduction of a higher B1 English language requirement for dependants who wish to settle in the UK
Family Visit Visas
• Limiting the grounds of appeal in relation to family visit visa decisions only in ECHR/race discrimination cases
Article 8 ECHR
• Opening up a discussion of the issues around Article 8 and immigration control
• Seeking views on the balance between the right to private and family life and the public interest”.
You can respond online to the consultation at: http://www.ukba.homeoffice.gov.uk/family-migration-consult
Contact
Family Consultation
UK Border Agency
1st Floor Seacole
2 Marsham Street
London
SW1P 4DF
Email: Familyconsultation@homeoffice.gsi.gov.uk
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