New anti-migrant rules attacked

Immigration rules are tearing thousands of families apart, according to parliament’s cross-party migration group today.

Since 19 July 2012 any British citizen must prove they earn at least £18,600 before a partner from outside the EU can live with them. This rises to £22,400 if they have a child, and rises by £2,400 for each additional child. The effect of the new immigration rules have been to deny many citizens from the freedom to marry partners from outside the EU and bring their partners to the UK.

For example, a retired British national receiving only the state pension and some modest savings is unable to sponsor a spouse from outside the EU to join them in the UK. The same would apply to a disabled person who is unable to work and relies on benefits. The current immigration rules on spouses and fiances creates a two tier society. Essentially what the law is saying is that if you want to marry from outside the EU and keep your spouse living in the UK with you, you need to have a prescribed level of wealth. It is only right that families establish that they have sufficient funds to support and maintain themselves, but the rules as they stand take no account of the ability of the foreign spouse to work after they arrive in the UK. Neither do the rules take account of savings that the foreign spouse may have of their own abroad.

We currently represent numerous clients falling into this ‘earnings trap’ and are witnessing repeated attempts by over zealous immigration officers seeking to block genuine marriages. We take the view that the current spouse immigration rules are a breach of basic human rights and in particular Article 8 of the European Convention on Human Rights.

If your spouse application has been refused for this or any other reason, contact us on 020 8401 7352 to discuss your circumstances with a specialist immigration solicitor.