Family immigration
proposals unnecessary and arbitrary, says Law
Society
Responding to the UK Border
Agency consultation on family migration, the Law Society has raised
concerns about government proposals aimed at preventing
'sham' or forced marriages and abuse of the family
immigration route.
The proposals would require
couples who include a non-EEA national to attend an interview with
the UKBA before being allowed to marry within the UK.
The Law Society stated that
the existing family immigration application system is thorough, and
that the legal framework is already in place to tackle abuse of the
family route to settlement in the UK. The UK Border Agency's
primary focus should be on enforcing existing rules more
effectively and efficiently, rather than introducing blanket
requirements on couples because it lacks the resources to do
so.
A sham marriage or civil
partnership is entered into to enable one party to enter or remain
in the UK, where there is no subsisting relationship and no
intention to live together permanently or at all. Under UK law no
immigration status can be obtained from a 'sham' or 'marriage of
convenience'. If someone enters into a sham marriage, the UKBA has
a clear legal right to refuse an immigration
application.
The Law Society's President John
Wotton said; “The UK Border Agency should focus on individual
cases rather than creating new rules that will make it more
difficult for many more people to marry.
“The Secretary of State
has called for a 'crack down' on abuse of the family route
and to tighten up the system, yet the consultation lacks
credible evidence of significant abuse.
“The proposed
'tick box' approach to applications is not appropriate for
family migration. Over-reliance on whether boxes are ticked is
likely to discourage officials from considering all the facts of
the case - and might actually make it easier for the dishonest to
abuse the system.
“As the
Secretary of State observes, 'families are the bedrock of
society'. An individual's right to marry and to a private life are
protected by the European Convention on Human Rights and government
proposals must be compatible with Article 8 of the ECHR.
“The government is
entitled to adopt a policy of keeping net migration levels down,
but the UK's international obligations - and to its own
citizens - must be respected.'
Ends
Notes to Editors:
The Law Society is the
representative body for more than 145,000 solicitors in England and
Wales ('the Society'). The Society negotiates on behalf of the
profession, and lobbies regulators, government and
others.
Contact: Catherine Reed, The Law
Society
+44 (0)20 7320 5902