In a consultation paper, “Securing Our Border Controlling Migration” of July 2011 the Government opened the debate surrounding proposed changes in “family migration”. The consultation process ended on 6th October 2011. The government plans to implement any changes to the immigration rules from April 2012.
The proposed changes will strongly affect those wanting to enter the UK, remain inthe UK or settle in the UK because they are in a relationship with a personsettled in the UK. This is not limited to spouses and partners but includes dependentchildren and adult and elderly dependent relatives.
The consultation paper states:
“This government is determined to bring immigration back to sustainable levels andto bring a sense of fairness back to our immigration system”
“The key themes to our approach are stopping abuse, promoting integration andreducing the burden on the taxpayer.“
The proposed changes will attempt to filter out marriages that are not genuine or subsisting such as marriages of convenience, sham marriages and forced marriages.
The proposals also aim to encourage the integration of the person from abroad and increase the minimum income levels required to sponsor family members to avoid burdening the tax payer.
The proposals include:
- Requiring a couple to prove that they have been in a relationship for at least 12 months before they can apply for either a visa to enter the UK or continue to remain in the UK on relationship grounds.In arranged marriage cases the Government proposes a grant of 12 months’ initial temporary leave to enable the couple to satisfy this condition. An extension would have to be applied following the 12 months. The Government is of the view that this would allow a continued assessment to be made on whether there is a genuine and continuing relationship.
- Extending the probationary period before spouses/partners can apply for settlement from 2 years to 5 years, to test the genuineness of the relationship and encourage the integration of the spouse/partner into British life. The spouse/partner from abroad will be restricted for a further 3 years from claiming any non contributory benefits.
- Spouses/partners who have been in a relationship for at least 4 years before entering the UK will no longer have the right to apply or indefinite leave to enter the UK. Instead, they will be required to complete a 5-year probationary period before they can apply for settlement.
- Indefinite leave to enter for adult dependants will be replaced by a requirement to complete a 5-year probationary period before being eligible to apply for settlement.
- Aiming to achieve greater integration by requiringspouses/partners/dependant relatives between the age of 18 and 65 years to demonstrate that they can understand everyday English (B1 of the Common European Framework of Reference). The ESOL qualification currently fulfils the settlement application rules, however this is at a lower level and the Governmentbelieve that B1 is “a reasonable level for spouses and partners to attain over the proposed new 5-year probationary period.”
- To introduce minimum income thresholds for sponsors. Currently if a sponsor earns more than the income support level paid to someone in the same circumstances, they would normally satisfy the immigration rules.The Migration Advisory Committee (MAC) were consulted by the Government and recommended that a sponsor should have a minimum income threshold of £18500-£25000 per annum.
- Currently a parent or grandparent can come to the UK to settle if they are aged 65 or over, are financially dependent on a relative in the UK, and have no close relative in their home country who can support them financially. The Government plans to introduce a more stringent assessment of “dependency” and look into other ways of them being supported instead of settling in the UK; for example, by being sent money by their relatives in the UK.
The measures the Government plans to introduce to assess genuineness of marriages
The UK Border Agency intends to work closely in conjunction with the General Register office by creating special officers who are trained in combining the functions of the registrar and the UK Border Agency. The Register Office will, through powers granted them by legislation, require additional documentation from foreign nationals wishing to marry in the UK to ensure their entitlement to marry.
Extra powers are to be granted to delay suspect marriages from taking place until they have been investigated. In suspect cases the UK Border Agency will require foreign nationals marrying in the UK to attend an interview. In all cases foreign nationals intending to marry in the UK will have to attend the Registry Office in person to give notice.
Proposed restrictions and penalties
- The Government proposes restricting a sponsored spouse/partner to sponsor another spouse or partner within 5 years of obtaining settlement.
- There will be greater scrutiny of applications based on marriage/partnership where the sponsor has already sponsored such an application.
- A ban is proposed on sponsorship for up to 10 years for those repeat sponsors who are supporting marriages purely to defeat the immigration rules.
Other changes
The Ministry of Justice introduced appeal fee charges for some asylum and immigration appeals from 19 December 2011.
People who want to appeal against a decision notice dated 19 December 2011 or later have to pay a fee. The appeal fee applies to most categories of visas and decisions. Any exemptions to the fees are outlined by the Ministry of Justice. This does not affect any decision notices that are dated before 19 December 2011.
Also, from 19 December 2011 anyone wishing to appeal overseas refusals is required to lodge their appeals at the tribunal in the UK. Overseas posts no longer accept appeals at any of the overseas visa application centres.
We at Amelius Solicitors keep abreast of the changes in immigration law and canprovide you with expert representation in making yours or your family members’ immigration/asylum application ensuring that the application has the best chance of success in light of the changesthereby limitingthe chances of the appeal having to be lodged and payment of associated fees. If however you already have a refusal which you wish to appeal against then we can provide you with advocacy and representation service to help you overturn the decision on appeal.
We offer FREE initial consultation which includes merit assessment of your case. We also offer flexible fee structure and payment terms.
