Arming the Resistance to the Family Migration Restrictions
The dossier of case studies contained in JCWI's pamphlet United by Love Divided by Law? details the potential impacts of the some of the family migration proposals put forward by the Government. It has received some enouraging feedback from parliamentarians and others, but we'd like a lot more....
We'll be updating and expanding the pamphlet when the Home Secretary sets out the Government's response to the family migration consultation. The pamphlet in its current format deals with the position of spouses and civil partners of British citizens and those with indefinite leave to remain in the UK. It specifically looks at the maintenance threshold, extension of the probationary period, and the attachment requirement). You should have a look at the pamphlet for explanation of the proposals, and how they could in future be relvant to you.
We would very much like to expand the range, and number of case studies we include in our updated pamphlet. We want to provide a comprehensive picture of the impacts of these proposals on people's lives. We'd be particularly interested to hear from refugees who went on to secure British citizenship, young couples, and those with disabilities, but having said that we're still interested in all case-studies that are relevant.
Your story could make the difference
You can be certain that the Home Office will not be issuing any stories of those who will be adversely affected by future family migration rule changes. We need to further humanise the family migration debate and to inject real stories into all of this showing just how these proposals will affect British citizens and immigrants alike.
If you, or anyone you know is, or has been, in a situation that just might be able to build up our dossier of case studies, please download this form, fill it in and return it to us. Please send the completed form to guy.taylor@jcwi.org.uk
It might just be the story that tips the balance.
Comments
The link above links to a survey, but not a pamphlet. Would it be possible to think to the pamphlet as well? Thank you.
Did I miss the address to send the questionnaire to? I don't see a way of sending it back to you, and I'd like to help since the restrictions I hear they are going to propose are not proportionate or fair (the levels that are floating around are well above the average income in my region, so most British citizens couldn't live with their own spouses even if they made more than enough to support themselves without access to benefits).
I assume you can just send it to info@jcwi.org.uk
Sorry, the links have now been sorted, with the pamphlet available at the top of the article, and questionnaire later on. All three documents (two versions of the questionnaire and pdf of the pamphlet) are available at the end of the article.
Also the address to send completed questionnaires to: guy.taylor@jcwi.org.uk. Sorry for any confusion.
The maintenance threshold is totally unfair. Here we are talking about unemployment and in the same breath we want earnings in thousands of pounds. that is stupid. This is potentially bar british citizens with extensive wealth abroad if they ever wish to settle back to UK.
Sounds like we may be hearing something today.
Dave, why do you say that? Do you know something we don't?!?
Linked here by a Guardian article. Most of the cases are very good, but the ones relating to the attachment requirement are not very strong. If Hiren refused to take British citizenship because he wanted to retain the advantages of Indian citizenship (which most British citizens don't have), then why should the British government be obliged to do anything for him? Now that Mohammed has British citizenship, the government is obliged to allow him to live with his family, but it appears that he has voluntarily returned to Sudan, indicating that either he is no longer in need of refuge, or that his family is more important than obtaining refuge for himself. This would ony be a strong argument for quicker decisions on whether refugees are genuine and how they can qualify for British citizenship, or alternatively that if his family is in genuine need of asylum, that the English requirement can be fulfilled after they come to the UK.
I doubt that there will be an attachment requirement in the new rules anyway, but a stronger case would simply be any British citizen who moves abroad to work, like most of the people in the first section. If an attachment requirement is introduced, it is simply saying that the British citizenship of someone who moves abroad becomes devalued compared to those who do not go abroad.
Started a facebook campaign page after seeing the Guardian article:
http://www.facebook.com/UnitedByLoveDividedByTheresaMay?
This is great work! Just a tiny fix, the link in the blog text where it says "download this form" appears to take to the report instead
Well thanks to the increased income a sponsor will have to earn I wont be able to bring my wife to England to live with me. Im in full time employment, claim no benefits ... Can support her but as my jobs low paid I fail, I earnt enough with the OLD income level. My government is trampling all over my rights to a family life, its not a crime to fall in love with a lady outside of Europe :-( Only got married in May, now its like my whole worlds caved in.
PAUL GREY your not alone there, me and my husband got married in february i am 7 months pregnant and we were just preparing to apply for him to get a family visa to join me in the uk. i work and dont claim any benifits and never have, i have never broken the law and i pay all my taxes and national insurance or but this is no longer good enough they want to take our rights to a family life away too. i no longer know what to do or where to turn or what can be done, my life will be in tatters if something isnt done about this soon.
I feel you all. My bf and I have been together for almost 3 years. He doesn't earn much and with the new income threshold, it will be impossible for me to join him in the UK. He's never been on benefits, never gotten in trouble with the law, pays taxes. This is not right. Unfortunately, he can't move here to the US because he has to take care of his parents. I feel so depressed and I don't know if we our relationship can overcome this. I really don't know what we'll do :(
Well we have all talked, fumed and fretted over Theresa Mays inhuman changes to the Family Visa application process but now its time to ACT. I believe one of the best moves to begin with is to show Labours SHADOW IMMIGRATION MINISTER exactly how we feel.
I urge you ALL to email him at
chris.bryant.mp@parliament.uk
Letting him no EXACTLY how you feel about these changes and how they would affect you.
I tried, I got THIS unbelievable response after a third email complaining he hadnt responded.
---
Dear sir I have had more than 500 emails on this. I'm afraid I can only reply to constituents.
Sorry this is such a short message but it has been sent from my phone, which has a very small keyboard.
Chris Bryant
-----
It would appear Labours shadow immigration minister doesnt WANT to hear about immigration concerns, surely if thats the case why accept the role in addition to his position as MP. He has an obligation in his role to address concerns.
Please contact him.....oh and you may like to post here any responses, experiences you get. Would be nice also if you were to remind him of his role as SHADOW IMMIGRATION MINISTER as hes clearly forgotten it judging by the email I received.
Let us know you have emailed, join the role of honour.
I am a British national with adequte income and my own home. I have known my NON EU wife since 1984 and she lived here in the UK on a 27 month spouse visa.
We got caught by T Mays new regulations and my wife had to return to her own country or overstay her visa.
I have spent months approaching my MP who just led me astray. I have written to Yvette Cooper and othe MPs without success.
I have found that in Sept 2010 Liberty UK asked Matrix Rabhinder Singh QC and Aileen McColgan for advice on the pre entry English tests.
Matrix advised these tests breached ECHR and UK Law but when Liberty asked the Home Sec for consultation they were ignored!
I have found that T May has been taken to Court and lost her cases.
Mr Justice Foskett, Lord Justice Sullivan & Mr Justice Burton and Lord Justice Sedley have all ruled against T May in Court.
Lord Justice Sullivan & Mr Justice Burton said that Theresa May had unlawfully attempted to side-step Parliamentary scrutiny set up under the provisions of the 1971 Immigration Act!
The reason for our problems goes back to the pre 2010 Tory Party manifesto where the Tory Party pledged to reduce immigration.
But the Coalition Govt cannot stop EU nationals so it targets non EU nationals - which of course makes their actions discriminatory and racist in breach of ECHR and UK Law.
The Tory Home Sec's immigration policy is not working immigration numbers are not being reduced.
Immigrants have been demonised in the popular press and there is a extreme racist element in the UK to which the Tory led Coalition Govt panda and for which the Labour party in opposition decline to challenge. The Lib Dems just support their Tory partners!
The latest minimum income level is just one more step to penalise non EU nationals.
But what is even more insidious is the pre entry English tests and the Life in the UK test for which evidence is coming out that even born and bred British nationals are failing!
Non EU applicants can pay the fee to take these tests and fail. Only to repeat paying the fee and failing again. The test fees are non refundable and go into Govt coffers.
Passing the tests depends on numbers the Govt want to allow entry to. Its all a numbers game to keep down net immigration!
However there is growing evidence that Millioanaire bankers are being allowed visas into the UK. They are buying London properties. However it has been reported that one Russian banker was shot four times and claims the hit was set up by his colleagues in Russia.
The press have also reported on the number of criminals rapists etc that are getting into the UK! Being decent respectable hard working and honest is not who May & Green allow into the UK!
I am a British citizen, working as Deputy Headteacher at Kirkwall Grammar School in Scotland. My wife of 9 years and our two children are all Australian citizens. We are currently all living in the UK but my wife and kids are facing being forced back to Australia by the UK Border Agency.
For more infromation, please look at the following website and if you support us, then PLEASE sign our online petition as over 700 people, including more than 35 MPs have done to date:
http://www.ipetitions.com/petition/keep-the-boyd-family-together
Many thanks for your time in reading this.................... Gary Boyd
Hello -
I am a British citizen living abroad. Potentially, my Taiwanese wife and I could shortly be in the same impossible position as other contributors to this forum.
However, we are not yet in the UK ...
I have lived in France for 30 years and my wife-to-be joined me there in 2000. We married in 2003.
Whilst we would certainly fall foul of the new laws were we to attempt to enter under the new, revised UK Immigration laws, we plan instead to enter using European legislation, specifically the Immigration (European Economic Area) Regulations 2006. (it is to be found at - http://www.legislation.gov.uk/uksi/2006/1003/contents/made)
A reading of this document, together with online guidance to UK immigration officers, gives us to believe that we shall be able to -
- enter the UK as man-and-wife, a citizen of an EEA state exercising his rights under the 2006 treaty, accompanied by his non-EEA spouse, upon presentation of three documents only - my passport, my wife's, and her free UK Family Permit, valid for six months ...
- the next day apply for a UK 5-year Residence Card for my wife in her guise of a non-EEA spouse of a citizen of an EEA state exercising his rights under said treaty.
Neither initial entry nor residence card may be refused, it seems, excepting on grounds of Public Safety.
It looks as though no questions may be asked at the borders, other than 'May I see your ID and marriage certificate ?' : nsither may any questions be put to my wife when applying for her residence, apart from those put at the border and enquiries as to her new address in the UK. It will be suffificient for her to be a family member of an EEA citizen exercising his or her treaty rights.
After five years residence - with permissible absences of up to six months per year, and longer ones in exeptional cirumstances - it seems that my wife will be elegible for ILR ...
... or so I read it.
The only factor on which I have not found guidance is our marriage, which took place in the UK, rather than abroad. This was inevitable, for my mother was ill and could not travel. However, my wife did not ask for a UK Marriage Visa but came into the UK as on a visitor's visa, and we left for France immediately afterwards, without seeking UK settlement. This looks OK to me.
I should be glad to read your comments on this plan of action. Many thanks !
Furthermore, what is to stop any or all of the people affected by this appalling piece of legislation entering any other EEA state, working there for a few months, then entering the UK under the European 2006 Treaty ? Could this not work for them ?
Let's hope so !
Best - Ian
Ian sounds good but I'll just play the devils advocate a little.
Firstly May has announced in the Commons she is looking at blocking off EU nationals entry as well as the NON EU. I don't know how practical her idea is but she has a habit of doing things like this as her record shows.
Second as a British national you will be a British passport holder. Or do you have a French passport i.e. dual nationality?
If you have a British passport will / can the UKBA regard you / treat you in the same catagory as any other British national?
At the moment they can't deny entry if you are French / German passport holder.
But they could decide to class you as a British passport holder and treat you the same as all other British nationals.
They then leave you to fight your case in the UK Courts.
Cameron and May's policy is to reduce net immigration and the UKBA will use any excuse / reason to deny an entry visa.
Good luck G.
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