Consultation announced on family migration
The UK Border Agency have announced a new consultation on the family visa system which will reinforce recent efforts to crack down on sham and forced marriages as well as clarifying other parts of the system.UKBA statistics show that 48,900 people came to the UK on family visas in 2010. 40,5000 of these were granted to spouses and partners of UK residents whilst 8,400 were granted to other dependents.
The terms of reference for the consultation are detailed below and can also be found in the announcement, Government launches consultation on family migration, on the UKBA website. The consultation document, Family migration - a consultation (PDF, 1.1MB) can be found on the Family Migration page of the UKBA website.
According to the UKBA, it will focus on efforts to crack down on sham and forced marriages and how family’s integrate in to British society as well as establishing the circumstances where the public interest to remove someone from the UK outweigh the right to respect for family life.
Other proposals that are not highlighted so much include increasing the residence period before a spouse or partner can apply for Indefinite Leave to Remain (ILR) or settlement from two years to five years.
The UKBA is also proposing that partners and adult dependents under 65 years of age be required to demonstrate that they can speak ‘everyday English’ (B1 level on the Common European Framework for Languages) when applying for settlement.
Key proposals
- 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 partners and dependants, to ensure that 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
- Extending the probationary period before partners can apply for settlement in the UK from 2 years to 5 years, to test that relationships are genuine and to encourage integration into British life
- Requiring partners and adult dependants aged under 65 to demonstrate that they can understand everyday English (B1 level on the Common European Framework for Languages) when they apply for settlement
- 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 where sham is suspected
- Working closely with local authorities to ensure that vulnerable people are not forced into marriage
- Reviewing the full right of appeal for family visitor visas, and inviting views on whether there are circumstances (beyond race discrimination and human rights grounds) in which an appeal right should be retained
Right of appeal
Currently anyone who is refused a family visa has the right of appeal. The UKBA estimates that 40% of all appeals are about family visas and that they cost around £40 million each year.
As with changes to appeals under the points based system which came in to effect on 23 May 2011, the government wants to restrict the right to appeal where late evidence which should have been submitted with the original application is provided at appeal.
Appeals based on the grounds of race discrimination under the European Convention on Human Rights will continue to be allowed, but the government is inviting views on whether an appeal right should be retained for family visitor visas in other circumstances.
The consultation is part of the government’s major overhaul of the immigration system. It follows the changes that have already been made to the work and study routes, and the ongoing consultation on settlement rights.
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