Stark choice under new immigration rules: exile or family breakup

Micawber · Jun 8, 2012

Well it's only a media report, and The Guardian at that, but.................

Home secretary Teresa May faces criticism from the Joint Council for the Welfare of Immigrants over rule changes which would mean British citizens 'effectively exiled on account of choosing to have a relationship with a non-EEA national'. Photograph: Graeme Robertson for the Guardian

British citizens with foreign-born partners are to be given the choice of indefinite "exile" in countries including Yemen and Syria or face the breakup of their families if they want to remain in the UK, under radical immigration changes to be announced next week, MPs have been told.

The home secretary, Theresa May, is expected to confirm that she will introduce a new minimum income requirement for a British "sponsor" without children of up to £25,700 a year, and a stringent English speaking test for foreign-born husbands, wives or partners of UK citizens applying to come to live in Britain on a family visa.

Immigration welfare campaigners say that the move will exclude two-thirds of British people – those who have a minimum gross income of under £25,700 a year – from living in the UK as a couple if they marry a non-EU national. They estimate that between 45% and 60% of the 53,000 family visas currently issued each year could fall foul of the new rules.

Ministers have also been considering extending the probationary period for overseas spouses and partners of British citizens from two to five years and introducing an "attachment test" to show that the "combined attachment" of the couple is greater to Britain than any other country.

The changes are to be introduced alongside new immigration rules, making clear that an illegal migrant or a convicted foreign national facing deportation who has established a family life in Britain will only be blocked by the courts from being removed, under article 8 of the European convention on human rights, in rare and exceptional cases. Instead they, too, will face a choice between separating from their British-based spouse or partner or going to live with their partner as a family overseas.

The moves to restrict the family route for migrants coming to Britain form part of the home secretary's drive to reduce net migration from 250,000 to "tens of thousands" by the next general election.

The Joint Council for the Welfare of Immigrants (JCWI) has sent MPs a dossier of 13 detailed cases of families who would face serious consequences under the proposals, "to provide a snapshot of the reality of the lives of ordinary British citizens and settled people who want their husbands, wives, civil partners and in some cases children to join them in the UK".

It includes the case of Anna, a British woman who is pregnant with twins, earning £31,000 a year, who may have to give up her home, job, flat and friends in the UK and move to Yemen to live with her husband, Ahmed, at a time when the Foreign Office has advised British nationals not to travel there. The fact that Anna is expecting twins means the minimum income maintenance requirement in her case will be set in a range from £24,800-£46,260, rather than at the childless couple rate of £25,700.

It also highlights the case of Emma , a British graduate who works, and is due to complete a journalism course this year, who may also have to give up her flat, family and friends in Britain, and travel to Syria where her Palestinian husband was born.

The JCWI says that the dossier shows how the ordinary circumstances of life, such as pregnancy, accidents at work, disability, low pay, poor currency exchange rates and nationality laws in foreign countries could penalise people if the proposals make it into Britain's immigration rules.

The dossier also highlights how an extension of the probationary period for those granted family visas could trap more women in violent marriages and suffering domestic abuse in silence because of the fear of being deported if they complain.

"When, if ever, is it acceptable for British citizens to be placed in a position where they are effectively indefinitely exiled from their own country on account of choosing to have a relationship with a non-European Economic Area national?" asks the JCWI pamphlet, United by Love/Divided by Law?

When the home secretary published her proposals in May she said that it was obvious that British citizens and those settled here should be able to marry or enter into a civil partnership with whomever they choose: "But if they want to establish their family life in the UK, rather than overseas, then their spouse or partner must have a genuine attachment to the UK, be able to speak English, and integrate into our society, and they must not be a burden on the taxpayer. Families should be able to manage their own lives. If a British citizen or a person settled here cannot support their foreign spouse or partner they cannot expect the taxpayer to do it for them."

Source:-
http://www.guardian.co.uk/uk/2012/jun/08/immigration-rules-couples-stark-choice
Click to expand...

Watch this space.

Micawber · Jun 8, 2012

I fear the worst case scenario.
Can't imagine strong opposition.

Very very disappointing to read this.
We can only wait to see the details.

It's just so so very unfair. Someone from EU can come to UK and have their spouse join them almost as a right and at no cost. This happens regardless of all the "rules" faced by citizens of the UK in connection with finances, accommodation, employment prospects etc etc and in many case recourse to public funds will be granted.

KeithAngel · Jun 8, 2012

Micawber said: ↑

I fear the worst case scenario.
Can't imagine strong opposition.

Very very disappointing to read this.
We can only wait to see the details.

It's just so so very unfair. Someone from EU can come to UK and have their spouse join them almost as a right and at no cost. This happens regardless of all the "rules" faced by citizens of the UK in connection with finances, accommodation, employment prospects etc etc and in many case recourse to public funds will be granted.
Click to expand...

I would say that this is what should be available to all and should be held high as the example of what European citizenship is about its time we stopped being subjects

Micawber · Jun 8, 2012

I do strongly suggest a legal backlash after implementation, but just how effective can it be.
The Eurosceptics appear to have the upper hand right now.
Considering the Eurozone crisis and recent "Federal" speeches from Germany and France, UK is getting ready for a battle.
This immigration issue might just become buried in the other bad news.

Kuya · Jun 8, 2012

New Changes to family visas, including spouse visas

British citizens with foreign-born partners are to be given the choice of indefinite "exile" in countries including Yemen and Syria or face the breakup of their families if they want to remain in the UK, under radical immigration changes to be announced next week, MPs have been told.

The home secretary, Theresa May, is expected to confirm that she will introduce a new minimum income requirement for a British "sponsor" without children of up to £25,700 a year, and a stringent English speaking test for foreign-born husbands, wives or partners of UK citizens applying to come to live in Britain on a family visa.

Immigration welfare campaigners say that the move will exclude two-thirds of British people – those who have a minimum gross income of under £25,700 a year – from living in the UK as a couple if they marry a non-EU national. They estimate that between 45% and 60% of the 53,000 family visas currently issued each year could fall foul of the new rules.

Ministers have also been considering extending the probationary period for overseas spouses and partners of British citizens from two to five years and introducing an "attachment test" to show that the "combined attachment" of the couple is greater to Britain than any other country.

The changes are to be introduced alongside new immigration rules, making clear that an illegal migrant or a convicted foreign national facing deportation who has established a family life in Britain will only be blocked by the courts from being removed, under article 8 of the European convention on human rights, in rare and exceptional cases. Instead they, too, will face a choice between separating from their British-based spouse or partner or going to live with their partner as a family overseas.

The moves to restrict the family route for migrants coming to Britain form part of the home secretary's drive to reduce net migration from 250,000 to "tens of thousands" by the next general election.

The Joint Council for the Welfare of Immigrants (JCWI) has sent MPs a dossier of 13 detailed cases of families who would face serious consequences under the proposals, "to provide a snapshot of the reality of the lives of ordinary British citizens and settled people who want their husbands, wives, civil partners and in some cases children to join them in the UK".

It includes the case of Anna, a British woman who is pregnant with twins, earning £31,000 a year, who may have to give up her home, job, flat and friends in the UK and move to Yemen to live with her husband, Ahmed, at a time when the Foreign Office has advised British nationals not to travel there. The fact that Anna is expecting twins means the minimum income maintenance requirement in her case will be set in a range from £24,800-£46,260, rather than at the childless couple rate of £25,700.

It also highlights the case of Emma , a British graduate who works, and is due to complete a journalism course this year, who may also have to give up her flat, family and friends in Britain, and travel to Syria where her Palestinian husband was born.

The JCWI says that the dossier shows how the ordinary circumstances of life, such as pregnancy, accidents at work, disability, low pay, poor currency exchange rates and nationality laws in foreign countries could penalise people if the proposals make it into Britain's immigration rules.

The dossier also highlights how an extension of the probationary period for those granted family visas could trap more women in violent marriages and suffering domestic abuse in silence because of the fear of being deported if they complain.

"When, if ever, is it acceptable for British citizens to be placed in a position where they are effectively indefinitely exiled from their own country on account of choosing to have a relationship with a non-European Economic Area national?" asks the JCWI pamphlet, United by Love/Divided by Law?

When the home secretary published her proposals in May she said that it was obvious that British citizens and those settled here should be able to marry or enter into a civil partnership with whomever they choose: "But if they want to establish their family life in the UK, rather than overseas, then their spouse or partner must have a genuine attachment to the UK, be able to speak English, and integrate into our society, and they must not be a burden on the taxpayer. Families should be able to manage their own lives. If a British citizen or a person settled here cannot support their foreign spouse or partner they cannot expect the taxpayer to do it for them."

source
Click to expand...

Well, here we have it, And here we get to find out. Next week Theresa May divides the country into those that have the right and those that don't!

And where are the Lib Dems? Thanking Mr Cameron for their Ministerial pay whilst losing their principals and manifesto in the process.

Kuya · Jun 8, 2012

I posted the same thing, came across it before checking in.. Well

Suddenly I am faced with the grim reality that this current government cares more about the far right wing of the Tory party than the people it is supposed to represent. And although previous governments have upset me and made changes that have cost me money, this time this Government are going ahead with proposals that directly impact me in a negative way - removal of my rights!

This will be taken to court, by myself or others. One way or another this cannot stand. Far right leanings and pandering to daily Mail slobberers shall not stand between me and my wife or any other family reunion. I am a British citizen, I can support myself and have done for many years. I have worked hard and paid into the system for almost half of my life. I have a stable job and a chance to start a life with my wife without need of any public funds, but for the far right this is not good enough...

And as for the Liberal Democrats! It appears that the man-whore Nick Clegg is too busy feeding his pension pot to give a damn about the working man and the middle class he is about to piss all over. I had thoughts a few years ago of Joining the Liberal Democrats during the Charles Kennedy era, their policies seemed sound, I liked it when they appeared on Question Time and all in all they seemed like a good bunch. When I first met Alan (the Teach) and he told me about how he had stood as a LibDem councillor once upon a time I was impressed. Though a while back when Alan mentioned he was now without a party, I could see what he was saying... But I never thought for one minute that the Liberal Democrats would stoop this far to the right or allow a so called coalition government that they are apart of to get away with this!!!!

I will be voting for Labour at the next election, I might just be campaigning for them too...

Manila_Paul · Jun 8, 2012

This'll be fought all the way again. Just like with the under 21 ban.

"No attempt at ethical or social seduction can eradicate from my heart a deep burning hatred for the Tory Party. So far as I am concerned they are lower than vermin" - Nye Bevan

oss · Jun 9, 2012

Also means children who are by law British citizens are being excluded from the UK by virtue of the practicalities of their parents being excluded.

Exile here we come!

What does this dump offer? Health service, well yes that is good no denying it but what else, shattered economy that looks to be going nowhere quickly for a long long time, general long term decline along with the rest of Europe?

Well certainly the east have a separate economy but it will not in the short term be insulated from the mess in the west, longer term though who knows will the east just forget about us?

oss · Jun 9, 2012

Maybe I will move back to Scotland and vote for independence, this is the kind of thing proposed by UK governments that really really pisses us Scots off, we are egalitarian by nature not (for the most part) narrow minded bigots like our lords and masters seem to be.

RB2004 · Jun 9, 2012

The irony is... she shouldnt even have a job at present, let alone introducing these stupid changes.

has everyone forgot this?

"The home secretary, Theresa May, is struggling to contain the row over border controls after she admitted she had personally authorised their relaxation and evidence emerged suggesting she had given officials the discretion to loosen the rules still further.

May was also forced to admit to the Commons she would never know how many people had been allowed into the UK without proper checks.
"

was only november last year... and

"Three senior officials from the border force – including its chief, Brodie Clark – were suspended last week "

they should of sacked her as well while they was at it, some might say the only reason she is making these rediculas tough changes now is purely to repair her damaged reputation after her actions last year.

http://www.guardian.co.uk/politics/...rol-row-gulf-theresa-may?INTCMP=ILCNETTXT3487

RB2004 · Jun 10, 2012

Been reading online tonight, the backlash has started already, a few comments even on the conservatives Facebook page!

And talk about how it's creating a 2 tier passport system where the rich persons passport holds more value than the ordinary person.

As well as talk about how cameron kept saying he wanted to create a the most family oriented party which this clearly is not doing...

RB2004 · Jun 10, 2012

Found this,

The Government has not yet introduced Rules reflecting the above, but it's likely to.*We’d usually ask you to write to your MP at this point. A handful of you would, and a smattering of MPs would receive a letter, a couple may get two, they’d reply and nothing else would happen. So we’d like you instead, to contact Chris Bryant, Labour’s shadow immigration minister. We want him to oppose these policy proposals and any corresponding *Rule changes. We want him to stand up and say publicly that immigration for the rich only is not on. He is in a position to give these Rule changes some serious opposition. Go on, drop him a line, you can contact him at bryantc@parliament.uk. He’d love to hear from you.

Whole booklet type document on it here

http://www.jcwi.org.uk/sites/default/files/UBLDBLmail.pdf

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Stark choice under new immigration rules: exile or family breakup

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