It is now official that with effect from 9 July 2012 certain rules governing family migration in this country will change. Obviously this change will have an adverse impact on those migrants who had a legitimate expectation of benefiting from the current immigration rules.
It's worth remembering that this is the 18th statement of changes in the immigration rules since the Coalition government ascended to power. The latest changes will attempt to consolidate consideration under the immigration rules and article 8 of the European Convention on Human Rights
This will mean that in the near future the cases based on private life and family life will be defined by and determined according to the immigration rules.The changes as one can understand them are meant to cull the numbers of family migration in the United Kingdom. Although one can easily argue that the changes targets low income earners in the United Kingdom who are originally from outside the European Union.
The Home Office believes that the immigration rules are deficient in balancing between the rivalry of individual rights and the greater public interest in article 8 because rules are not debated in Parliament
The Governement thinks therefore that in bringing about these changes the UK will be protected from foreign criminals who disregard the law and this will work to prevent them from using article 8 private and family life in defeating deportation.
Following this, the function of the courts will be to assess proportionality of the rules case by case rather reviewing the proportionality of individual administrative decisions. Effectively, the government is asking the judges to give deference to the rules emanated from a democratic legislature.
The most important issue not to be overlooked here is that of children and minors present and settled in the United Kingdom. The best interest of a child is paramount and it is that interest alone which gives effect to the need of the child and the decision made as a result. The home office has incorporated this principle above in the new regime of immigartion rules.
They state that the test will be whether it is reasonable to expect the child to live in another country abroad and in removal cases there are clear framework in balancing the child's interest and those of a wider public interests.
Therefore the best interest remains intact as long as the child remains with the parents to be removed subject to exceptional factors and long residence. Long residence is currently at seven years although the rule governing this period is no longer in use.
The 14 year rule is to be withdrawn and to be replaced by 20 year continuous residence rule subject to criminality and English requirement under the rules. A 10 year rule remains unammended and still in practice people lawfully in the UK can apply based on theis rule.
New provision to be introduced for people under the age of 18, lived here half of their life and they are between 18 to 24 years of age and those with less thatn 20 years but have no family and ties with their country of origin.
Finally in the rules deportation will not be proportionate where someone is in a genuine and subsisting relationship with a British national or someone settled here in the UK and they have live here for the last 15 years and there are insumountable obstacles to the family life with the partner to continue to live abroad. This in addition to those applicants with children who are british cizens or settled and lived here for the last seven years and it is unreasonable to expect that child to adapt easily with the life abroad.
For more on the changes please contact Liberty Immigration services Limited in Leicester. Their advisors will be happy to help in anything you may want to knwo regarding these changes.
