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Family migration still
accounted for approximately 17 per cent of all
non-European immigration in the year to September
2010.
This consultation which
was launched on 13th July 2011, which also seeks to
ensure family migrants can integrate into society,
forms part of the UK government’s overhaul of the
immigration system. The 3 key aims of the family
migration consultation are stopping abuse, promoting
integration and reducing burdens on the UK taxpayer.
Key proposals
contained within the consultation include:
-
Defining more clearly
what constitutes a genuine and continuing marriage to
help identify sham and forced marriages;
-
Introducing a new
minimum income threshold for sponsors of spouses,
partners and dependants, to ensure family migrants are
adequately supported as a basis for integration. The
independent Migration Advisory Committee has been
asked to advise on what the threshold should be;
-
Reviewing the full right
of appeal for family visit visas and inviting views on
whether there are circumstances in which an appeal
right should be retained beyond race discrimination
and human rights grounds;
-
Extending the
probationary period before spouses and partners can
apply for settlement in the UK from 2 years to 5 years
to test the genuineness of relationships and to
encourage integration into British life;
-
Requiring spouses,
partners and adult dependants aged under 65 applying
for settlement to be able to demonstrate that they can
understand everyday English (B1 level);
-
Exploring the case for
making ‘sham’ a lawful impediment to marriage in
England and Wales and for giving the authorities the
power to delay a marriage from taking place where sham
is suspected;
-
Working closely with
local authorities to ensure vulnerable people are not
forced into marriage; and
-
Opening up a debate on
Article 8 of the European Convention on Human Rights
and the circumstances where the public interest in
removing someone from the UK should outweigh this
right to respect for family life.
Immigration minister
Damian Green said:
"This consultation is
about better family migration – better for migrants,
communities, and the UK as a whole.
“We welcome those who want to make a life here with
their family, but too often in the past the family
route has been abused as a means to bypass our
immigration laws.
“Our message is clear – sham marriages will not be
tolerated and we are determined to stamp them out. And
if you cannot support your foreign spouse or partner,
you cannot expect the UK taxpayer to do it for you.”
The government is also
using the consultation to open up debate on Article 8
(the right to respect for private and family life) of
the European Convention on Human Rights by
highlighting that while people have a right under
Article 8, it is not an absolute right and it is
legitimate for the Government to interfere with the
exercise of that right when it is in the public
interest to do so, including to protect the public and
maintain immigration control
To read the consultation
document and take part in the family migration
consultation, see the Consultations section of this
website.
*The above article has
been sourced from
www.ukba.gov.uk
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