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Family Migration consultation: is this really the path to 'better family migration and better integration'?
The next piece of the Coalition Government's jigsaw reworking migration policy (following major policy announcements targeting international students, skilled workers and settlement routes) has slammed into place today, with the release of the new Family Migration consultation.
Substantially lengthier than recent consultations, this latest package of proposals has a big message to get across to the public, but it is not about meeting the controversial 'net migration' target. Damian Green's announcement today pre-empted criticism that these measures will do little to release net migration, by carefully stating that this is not the aim of these measures (although he'd obviously be glad of any contribution towards meeting this shaky target). Instead, this consultation is geared towards bringing 'a sense of fairness back to our immigration system', through measures apparently ensuring 'better family migration and better integration'.
Reaction to this will depend on the definition of what both 'fairness' and 'better' look like. Many will feel that this ominous clamp-down on people coming to the UK on spouse or partner visas, as dependents under the Points Based System or as child and elderly dependents would not represent a move towards an improvement in either family migration or integration. What seems certain is that people seeking to come to the UK under family migration routes are likely to face increased scrutiny at the points of applying for entry and/or settlement and lengthier time periods before potentially reaching a point of security here. These themes will sound all too familar to many, echoing some of Labour's policy measures (including the doomed 'earned citizenship' policy) put forward during their latter years in government. The question that policy-makers now need to be confronted with is whether more restrictions on couples and families will really be viewed as fair by either the public or migrants themselves.
Here's a summary of the key measures included in the Family Migration consultation:
- Introduce a new definition of what a 'genuine and continuing relationship' is. This will likely introduce new testing for couples, and could include a new 'attachment requirement' similar to that in Denmark – and likely to prove extremely controversial here. This would mean that couples would need to show that their combined attachment to the UK is greater than that to any other country, before being granted a visa or leave to remain based on their relationship.
- Make it more lengthy and difficult for spouses and partners – and Points Based System dependents – to apply for settlement here. In particular the government proposes extending the time before spouses and partners, and PBS dependents, can apply for settlement from 2 years to 5 years. This would effectively postpone their access to non-contributory benefits by three additional years. A new tougher national minimum income threshold could also be introduced for sponsors of spouses and partners, as well as an increase in the language requirement to B1 level, for spouses and adult dependents under the Points Based System at the point of applying for settlement.
- New measures to tackle sham and forced marriages. Measures under consideration include a possible combination of the role and functions of registrars and UKBA in the future and introduction of new powers for the UKBA to delay suspected sham marriages whilst they are investigated. Current UKBA interview arrangements for sponsors will also be reviewed, with a view to reducing forced marriages.
- Restrictions on other family members, in particular dependent children and adult and elderly dependent relatives. In particular the government is considering a new minimum income threshold for sponsors of dependent children. Indefinite leave to enter for adult dependents and those aged 65 or over may be ended – it would be replaced by a new 5 year probationary period after which adult dependents would be expected to meet a B1 language threshold in order to apply to settle here. Both dependents aged 16 or 17 and adult dependents aged 65 or over may have to meet a basic A1 English language threshold when applying to enter the UK.
- Consider restricting the right of appeal under family visit visas, in certain circumstances.
- 'Opening debate' on Article 8, in particular how to manage 'the balance between the individual's right to respect for pricate and family life and the wider public interest in protecting the public and controlling immigration'. Read more about this on Don's recent blog here.
The task now is to unpack and communicate the negative impacts of these requirements on migrants attempting to reunite with their family members or loved ones – and there will be plenty to cover here for advocates of migrants' rights. Responses to the consultation as ever are invited by 6th October 2011 although be warned - this paper has also adopted the un-user friendly tick-box format of the recent settlement consultation. Grit your teeth, copy the questions into Word, and add in your comments as well as yes/no answers anyway is our suggestion. And keep an eye out also for the upcoming judicial review of the spouse/partner English language entry requirement later this month as it will also have an impact on the new measures which can be implemented affecting family migration.
More detailed analysis on these proposals beyond this cursory summary – and support in responding to this consultation – will follow shortly on the MRN website...
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Comments
thanks MRN for the analysis and please do give us more information when you can.
Using the Migrant Integration Policy Index (MIPEX), I fact-checked the Home Office consultation and made an unofficial assessment of its prospective impact on integration. The consultation frequently lists policies in selected ‘other countries’ to support new proposals on family reunion. In fact, few other countries do what the UK proposes. After these changes, families including non-EU immigrants would face some of the most restrictive policies in the UK with a family reunion ranking of only 27th of 31 countries in Europe and North America. For more, read: http://www.mipex.eu/blog/uk-biggest-overturn-of-right-to-family-reunion-...
"Currently a parent or grandparent can come to the UK to settle if they are aged 65 or over,...in particular at whether the relative aged 65 or over is necessarily 'dependent' on the UK-based sponsor... for example by being sent money by their relative in the UK.
This change if implemented is highly discriminatory and against human rights of several families. I am the only child of my parents. My father spent his youth working hard, providing for his family, and saving money for my education. My mother is fully dependent on him, financially and also for day to day activities outside the house. My mother is a housewife and my father has been protective towards her all his life. Today they are 75 and 65 years old respectively. They are very independent and lead a busy life. But if my father died, there is no way that my mother can survive on her own in my home country. There is no way she can pass the English test as she is partly blind though she understands and speaks reasonable level of English. She can't travel on her own anyway, so why does she need knowledge of English anyway. On the other hand, if my father was left alone, he would be lost on his own as right now he depends on my mother for moral support.
I do not depend on public funds, have worked 12 years legally non stop, paid NI for years, though I am not a British citizen and will never be one as I am what I am.
I don't think it is humane to force old parents to live by themselves instead of being with their children, especially when their child is independent and able to support them. Am I supposed to only pay NI for all the yobs who live off benefits but struggle to get my parent into this country to live with me when I am ready to pay for all their upkeep? Why should I dump them in a care home with stranger?
I know that in past UKBA has suggested that one can go a live with old parents rather than bring them here. Which means my partner and I have to quit our jobs, sell house, move schools for our children, cause all the chaos rather than bring one person into this country. If we moved from the UK then in future we could face more complicated legal issues to come back as ILR lapses after two years.
It's really materialistic, I wonder mrs May and Mr. Green, honourables, have anything humane in them? I also think if they are in general public cadre and they are in a situation which the common people of britain are, how would they have felt? They are or think, they are representing the ordinary/common people, but in a matter of fact they are just representing their egotistic agenda. They are on an agenda of profoundly spreading chaos in general public, so to divert their attention from more pressing matters.
Stone age was good people don't have to think about or being restricted by the so called champions and representatives. Their natural rights of free movement was not taken away from them in the name Borders securities.
I took a good long time reading the literature provided by the ukba and honestly i find these proposals degrading, inappropriate and unjust. The room for discrimination and prejudice is too high.
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