Law Society backs
Supreme Court ruling allowing non-EU foreign spouses under the age
of 21 to come to the UK
The Law Society has welcomed the
decision by the Supreme Court earlier today to overturn the non-EU
young spouses ban.
The ban on non-EU foreign
spouses under the age of 21 joining their partner the UK was
introduced by the Labour Government in 2008 as an immigration
policy designed to stop forced marriages.
The Supreme Court said that the
interference with the right to family life could not be
justified on proportionality grounds, as the uncertain number of
forced marriages which the rule deters is greatly exceeded by the
number of unforced marriages which it obstructs.
The Law Society has raised
similar concerns about recent government proposals to prevent
'sham' or forced marriages and abuse of the family
immigration route, and warns that more legal challenges will be
made if proposals to impose further blanket bans go
through.
A Law Society spokesperson said;
“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.
“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.”
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