Government launches consultation on family migration

On 13 July the Home Office UKBA has launched a new consultation on family migration.  The consultation concentrates on the family route: those non-EEA nationals entering, remaining in or settling in the UK on the basis of a relationship with a British citizen or person settled in the UK. This includes fiancé(e)s, proposed civil partners, spouses, civil partners, unmarried or same-sex partners, dependent children and adult and elderly dependent relatives.

According to the UKBA website, the consultation focuses on stopping abuse, promoting integration and reducing burdens on the taxpayer. Its key proposals 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 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; and
• 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.

The consultation will run for 12 weeks, until 6 October 2011, and the Home Office UKBA will announce their plans with a view to implementing changes during 2012. Read More About The Consultation From UKBA Website.