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On 24 Sept 2011, the Home Office have published a new piece of research on “Marriage-related migration to the UK”.
The paper provides an overview of the history of this ‘category’ of immigration and immigration policy changes to the UK: What is noteworthy is that spouses now make up 40% of the total immigration figures, compared to 59% in 1995; however, spouses form the largest single category of migrant settlement in the UK. Policy-making on marriage-related migration to the UK has largely focused on South Asian populations, which constitute one of the largest groups of such migrants.
Here are some noteworthy points from the conclusions:
The fact that spousal settlement, although still increasing, has not kept pace with increases in other forms of migrant settlement suggests that successive new restrictions on marriage-related migration may have had some impact – although such effects are hard to disentangle from the effects of EU expansion.
It is also clear, however, that changes in immigration regulations (whether or not directed at family migration) can have unforeseen consequences for marriage-related migration, and sometimes negative impacts on migrants and their families.
Qualitative research on the effects of 1962 Commonwealth immigration restrictions documents their part in transforming previously predominantly male, temporary/circular migration from Pakistan into family reunification and settlement, by reducing alternative entry routes, and opportunities for circular migration (e.g. Shaw 2000: 30-7).
The recent raising of the minimum age for both migrant and sponsoring spouses to 21 was portrayed as combating coerced marriages of the young, but other research raises the fear that young people may still be forced into marriage, but kept abroad until they reach the age at which they can sponsor their spouse (Hester et al., 2008), whilst young couples whose marriages were demonstrably not contracted under duress complained at enforced separation.
If the UK follows its European neighbours in tightening controls on marriage-related migration, the lack of a more complete and balanced evidence base on this diverse form of immigration may increase the risk of further unforeseen consequences resulting from new legislation. Substantial new empirical research in this numerically important and dynamic field is thus urgently needed.
This commissioned research paper shows that the government ought to take a good second look before rushing to introduce new rules on family migration (as set out in the currently ongoing Family Migration Consultation).
Download the full research paper here.
Hi Nazia, it’s good to hear from you. We know there are many more couples who are negatively affected by the age rule.
This might be of interest to you: the Supreme Court has recently ruled in favour of two non-EEA nationals who wished to come/obtain leave to remain as spouses of British citizens but had been refused because of their age: the judgement said that the refusal to grant visas to the spouses under rule 277 of the Immigration Rules breached Art. 8 ECHR.
You can find more information on this legal case on the website of the Joint Council for the Welfare of Immigrants (JCWI): http://jcwi.wordpress.com/2011/10/10/supreme-court-judgment-and-visa-age-another-victory/#more-2967
Note the last paragraphs: “We are waiting for SSHD’s response to this judgment. In the meantime whilst these cases were concerned with the individual decisions made by SSHD in relation to Quila and Bibi, it is clear that SSHD will need to make changes to the Rules or their operation in order to comply with the judgment given that the Court noted that it would be difficult to imagine a case where the SSHD avoided a breach of A8 ECHR when applying the amended rule 277 to a case of non forced marriage.
We will update about this in due course, but in the meantime those who have had applications refused under Rule 277 should write and request that decisions are reconsidered, and those who are contemplating making an application should go ahead and do so.”
You might want to contact the JCWI about your case; and let us know how things are developing for you.
Thanks for the reply Admin!! i’m so depressed i don’t know what to do:( i miss my husband so much i can’t even go to see him because of my studies and other problems. its 3 years now – i can’t wait anymore :(:(:( my life is like hell :(:( i need help with my case because i am 19 i will be 20 on the 1st jan 2012. if i apply after two months do you think they will accept my application??? or do i have to go to court?
Nazia, you might have already heard that the age requirement has now been lowered back from 21 to 18 following a recent Supreme Court judgement!
This change in the spouse visa age rule will come into effect on 28th Nov 2011. You can find out more about this change here: http://migrantsrightsscotland.org.uk/?p=1983 with links to relevant information on the UKBA website. I hope this helps!