Divided families:
challenging the new UK family
migration rules
Ruth Grove-White, Policy Director
Migrants Rights Network
New family migration rules, July 2012
New minimum income requirement to sponsor a
non-EEA partner
 Extended probationary period for partners
 Tougher rules affecting adult elderly dependents
 Higher language requirement for settlement
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The aim? “To alleviate taxpayer burden, tackle abuse
and promote integration”
[But was the real reason to reduce net migration?]
New £18,600 income requirement
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Pre-July 2012 - approx £5,500 to sponsor entry of
a non-EEA spouse/partner
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Post-July 2012 - fixed income requirement:
£18,600 to sponsor spouse or partner
 £22,400 to sponsor a spouse and partner with child
 Additional £2,400 for every further child

Limited income sources to meet requirement
 Restricted evidence to support application
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Impacts on families
Range of families affected
- UK sponsors based here
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Often working full-time above NMW
People outside London & SE, women, some ethnic
minorities, young/elderly
Potentially unforeseen costs to public purse
- Families unable to return to the UK
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UK sponsor earning below £18,600 overseas
UK sponsor could not get firm job offer in UK
Often non-EEA partner was main earner or family
- Serious impacts on children
Numerical impacts

Up to 17,800 fewer non-EEA partner visas will be
issued p.a. according to Gvmt estimates

New rules are already reducing numbers:
Year to June 2013, 6,892 fewer non-EEA partner
visas - a 27% drop from previous year (ONS quarterly
immigration statistics)
 Higher refusal rate (47%) and extended processing
times for non-EEA partner applications since July 2012
(Home Office data)
 Some decision-making is now suspended altogether.

Individual responses to the rules
Families:
 Awaiting a change
 Relocating/remaining overseas
 Visitor visa + Article 8 claim to remain
 ‘Surinder Singh route’
 Judicial review of visa refusal:
SSHD vs MM & Ors 5 July 2013
 SSHD now appealing decision

Campaigning for a change: Families
Since July 2012:
 Collaborating and
sharing information
 Writing to MPs
 Talking to media
NGO campaigning
Divided Families
Campaign, 9 July 2012
and 2013:
Petition
to No 10
Downing Street
Public demonstration
outside the Home Office
Parliamentary lobby
meeting
Parliamentary scrutiny, 2012-13
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QuickTime™ and a
decompressor
are needed to see this picture.
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All Party Parliamentary
Group ad hoc inquiry in
November 2012
Cross party committee of
MPs and peers
Written and oral evidence
Report launch June 2013
Wide media coverage
Cross-party debates in
House of Commons &
Lords in June, July &
September 2013
Next steps in 2013 - 14

Build on minor amendments to the rules

Push for further small changes
Continue to build campaign for an overhaul of the
income requirement, likely post May 2015

Build profile in the media
 Expand support among backbench MPs
 Bring new evidence about impacts into the debate
 Anticipate and support further challenges in the courts
 Present alternatives for the opposition to champion
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Thank you!
Ruth Grove-White
Policy Director
Migrants Rights Network
[email protected]