I compile this post as the festive season draws to an end, a time during which those who have wanted to spend time with their families have most likely had the chance to. Or have they?
Unfortunately, for many UK citizens, all that was wanted for Christmas is the right to live with their spouse and pursue a traditional family life in their own country. Yet for some corners of society this is not a right but a privilege – a privilege which depends on your spouse being of British or European citizenship or your personal income being at least £18,600.
The current family immigration rules, introduced in July 2012, prevent many non-EU family members from joining their loved ones in the UK. I feel sure that most of the families affected by these rules would agree that the propaganda machine repeating the “soft touch” and “open door” mantra when it comes to UK border control is a far cry from their experience.
Is it really ok to tell nearly 50% of British citizens that they are too poor to be able to fall in love and pursue a relationship with whomever in the world they wish to? That is effectively what the current immigration rules do.
The minimum income level of £18,600 doesn’t account for many variables, such as the difference in average pay in different areas of the country, the difference in average pay between women and men, and the reality of life for those who are parents. Anyone who is in a full-time job on the minimum wage would not be allowed to have a non-EU spouse join them in the UK.
From international students who meet and start relationships with British students in the UK, to British people posted abroad for work who find romance with people in far-flung places, to those who meet their future spouses whilst on holiday: there are people from all walks of life affected by these rules.
And don’t be fooled by being a British citizen in a job in another country that satisfies the visa application’s financial requirements: if you are living with your non-EU partner in a non-EU country, you will have to separate in order to be in work in the UK for at least 6 months before you can even apply for them to join you. Even if either or both of you are promised high paid work in the UK, this is not enough to satisfy the rules.
Where the non-EU partner is the main breadwinner – even in a high-earning, professional position – the onus is on the British citizen (and them alone) to fulfil the financial requirement.
Prior to these new rules introduced in 2012, the British citizen could call on the support of a sponsor to show that there were funds in place to support the immigrant partner and the financial requirement was also much lower. For example, a British student wanting to live with their American spouse could ask a parent to sponsor the visa application and the minimum income level stood below the £6000pa mark, making it very possible for students or single parents to show that they were economically active despite their commitments to study or children.
Add children to the mix and the situation is all the more dire. Some people state that the UK resident should “just do what they need to in order to earn £18,600 per year” or “if you’re that bothered about your family being together, you should just move to your partner’s country”. The naïvety and lack of compassion in these statements is, frankly, unbelievable to me. Without knowing a family’s specific situation, these are potentially harmful things to suggest.
I have heard of some British citizens struggling to get their Syrian family members over here. Would you suggest the British citizen take their children to a war zone rather than allow the non-EU spouse both asylum and their family in the UK?
There are mothers with children from previous relationships who are unable to emigrate due to the fathers of the older children (understandably) not wishing to see their children relocate to another country. All the while, married couples remain separated and any younger half-siblings in these families are unable to maintain a close relationship with the non-EU parent. Other situations involve children with specific needs who it would not be wise to move away from the support and healthcare we have in the UK. Should any British child to a British parent – wherever the other parent is from – effectively be forced into exile and potentially have to make do with lesser standards of living just because the Home Office decided to impose a high financial requirement on their parents sharing a life together?
The financial requirement is increased for any families whose children have been born outside the UK and are not classed as EEA citizens. These children potentially have the same proportion of British ancestry as my own mixed-race British daughters do, yet for the purpose of this visa, they would not be classed as British as they do not have British citizenship. For a British mother wishing to return to her home country with her family, this makes her wish close to impossible to achieve unless she not only leaves her spouse behind but also her children in order to focus on earning in excess of £22,000 within the UK (the figure rises depending on how many children are involved), the likelihood of the latter depending immensely on the mother’s qualifications and career history.
The argument about saving state benefits by curbing immigration is, for this visa category, a false and misleading one. For one, non-EU citizens entering the UK via this route are not even entitled to claim any benefits until they have been living and working (i.e. paying into the tax system) in the UK for 5 years.
Add to this the fact that these rules split up the traditional family unit and create many single parent families, and I fail to see the logic. My own personal circumstance falls into this category: I live in the UK as a single mother on a low income, entitling me to a number of state benefits. Yet if my daughters’ father were allowed to be in this country to be with us and support us, we would be much more likely – as a united family – to be able to lift ourselves out of benefits and function as an economically active unit. Even if he couldn’t find work, he would have no recourse to public funds.
As for the argument that the British citizen should ‘just’ gain the required income, this may be difficult for individuals without children, let alone parents who may have been out of the job market for a number of years whilst raising children. Looking at my local full-time job opportunities based on the work experience I can claim, there are very few jobs that exceed the £18,600 requirement – and those that do would no doubt be highly sought after by people who may be more attractive to employers than I (for all the talk about flexible working for parents, I’m cynical about the reality of it).
Encouraging single parents into full-time work is known to be psychologically detrimental to their children, particularly where an alternative close and affectionate caregiver doesn’t provide the majority of their care. In a situation where one parent is already separated from the child due to visa rules, it strikes me as particularly cruel that the resident parent should also be encouraged to spend a significant portion of time away from the child.
Instead of the parents’ desired situation of family unity, quite the opposite happens. And even once the British citizen has acquired 6 months’ worth of payslips showing that they earn the requisite amount, as well as the couple acquiring the substantial fee required for the visa application itself, there is still no guarantee of when the visa will be granted, if it is granted at all.
But not to worry if you’re not earning anything – there is another way: savings. Provided you have at least £62,500 cash sat in a bank account somewhere, your non-EU spouse may join you.
Oh, not forgetting another requirement first: submission of a certificate from the correct accredited English language test to prove that the non-EU spouse has intermediate level English.
This language requirement is also a controversy. I strongly support the notion that people should speak the language of the country they reside in – indeed, I find it acutely embarrassing just travelling through other countries with only English at my disposal (and my conversational Moroccan Arabic is only really useful in one country!).
However, both my own personal experience and research by language experts tell us that the best way to learn a language is by immersion in a native-speaking environment.
This requirement also assumes the skill of being able to perform speaking and listening tasks in a controlled, academic exam. Cultural imperialism is very apparent here.
My daughters’ father is multilingual, with English being the latest addition to the list of languages he can speak. I’m thoroughly impressed by the way he picks up language, and amused when he tells me to put my language dictionaries down and just use my brain. He has never sat a formal academic exam in his life. When attempting to take formal English classes at a language school in Marrakech, he felt his learning stalled; his mind went blank in class, yet only an hour later on the phone to me he’d be perplexed at how well his English flowed when engaged in natural conversation.
The reason for this is simple: put a person in a pressured and stressful situation, and their ability to think clearly will shut down. It quickly became apparent that the requirement to pass a formal exam may be an even more difficult requirement for him to fulfil than the financial requirement expected of me.
This leaves a particularly sour taste now I know another Moroccan national who recently came to the UK without any knowledge of the English language. Yet that family, her spouse with EU citizenship, took advantage of EU free movement rules in order to live in the UK.
The positive news is that British citizens can also take advantage of EU free movement rights, assuming they are free and willing to emigrate to another EU country in order to reside with their partner. Yes, just move across the Channel and your non-EU spouse automatically has the right to reside with you! And as long as the Brit moves their centre of life to another EU country and lives and works there for a number of months, they can later return to the UK with their family as an ‘EU citizen’ with the right to a family life that this citizenship of the Union upholds. As the partner or child (whatever their nationality) of an EU citizen (in this case the British national), this right entitles the whole family to the same freedom of movement into the UK as any other EU national exercising their EU treaty rights.
Yet be a British person trying to tick all the boxes from within the UK according to the government’s guidance for spousal visas, and you are up against a much more brutal system that puts economic status before a family’s needs. For many people, moving to Europe to be with their loved ones is the sensible option – and some have even suggested that, once there, they may even be happier in another EU country than in the UK. Having technically been exiled from their home country in order to pursue a life alongside their spouse, life may indeed feel much greener on the other side.
I do not believe in curbing EU migration and feel the current national feeling against such free movement is the result of a paranoid island mentality stirred up by the media to support the establishment’s use of the ‘divide and rule’ theory. A glance at the figures for British citizens who have themselves emigrated to other EU countries shows that millions of UK nationals take advantage of their right to live and work wherever in the EU that they wish to – the right to be an expat is not a one-way street. However, I do believe that British citizens should be afforded the same right to a family life in our home nation as we would be afforded if we chose to live in France, Germany, the Republic of Ireland or indeed any other EU country (take your pick!).
Sadly, for those who are not able to emigrate from the UK – however short-term – this light at the end of the tunnel is not visible.
The issues aren’t limited to the expensive and intensive spousal visa application. Many families (my own included) who have attempted to secure a mere visitor visa for a parent to visit their child in the UK have been refused on grounds of financial status and presumptions about an intent to overstay. So, despite the fact that it would be cheaper and easier for me to sponsor a visit to the UK than it is for me to travel with three young children to Morocco, the only way my daughters can see their father is through my commitment to doing the latter.
Whilst I’m quite a revolutionary thinker when it comes to global community and am open to entertaining ideas such as the No Borders movement, I know that many people affected by these rules would agree that certain limits on immigration are desirable. Yet none can fathom why it has to be families that suffer – if the government genuinely believe in marriage and family life as they say they do, there are many more visa categories that could be limited to affect migration figures whilst retaining children’s and families’ human rights to secure and maintain a family life together.
In 2013 a court case took place in which the judge branded these rules as “unjustifiable” and gave those affected some hope that these laws could be challenged.
However, for the time being and whilst the anti-immigration rhetoric in UK politics seems ever on the increase, a huge number of British people are left in limbo, wondering if they’ll ever be able to pursue the family life they want in their own home country.
Links to my sources, further information and sources of support can be found below.
Are you affected by these rules? Do you think there is a way for immigration rules to remain stringent without splitting families up? Can anyone support these rules whilst genuinely supporting the notion of a human right to a family life? I would be glad to hear your experiences and thoughts below.
Links to reports:
Report On The Impact Of The New 2012 Spouse Visa Rules With Recommendations compiled by British citizens
Family Migration Inquiry Report by the All Party Parliamentary Group on Migration
United by Love, Divided by Law by the Joint Council for the Welfare of Immigrants
Adverse Impact of UK’s Immigration Rules by BritCits
Links to support:
BritCits charity supporting international families
I Love My Foreign Spouse Facebook support group
EU Free Movement Facebook support group
Immigration laws are tearing families apart – change them now (petition on change.org)
Keep Families Together (petition on 38degrees)