Got non-EEA Dependents? Money & Not Love Will Conquer All

On 11 June 2012 the Government announced changes to the Immigration Rules for non-European Economic Area (non-EEA) nationals applying to enter or remain in the UK on the family migration route. The changes came into effect for new applicants from the 9th July 2012 and were a response to the pressure on the government to reduce the number of immigrants. The expectation of the Home Office was that the changes would significantly reduce the number of family visas. The full details of the changes are available on UKBA’s website.

An All-Party Parliamentary Group (APPG) Family Migration enquiry was launched on 20 November 2012 to explore the impact of the new rules and their report was released yesterday. The main focus of the enquiry was on the following point:

The new minimum income requirement of £18,600 for British nationals and permanent residents (‘UK sponsors’) seeking to sponsor a non-EEA spouse or partner, rising to £22,400 to sponsor a child in addition and a further £2,400 for each further child included in the application; and the new rules on sponsorship of non-EEA adult dependents applying to come to the UK.

Over 280 submissions were received by the inquiry committee, including over 175 submissions from families who had been adversly affected by the rules. Charities, lawyers, local authorities, businesses and MPs submitted written evidence.
The key official findings are:

  1. Some British citizens and permanent residents in the UK, including people in full-time employment, have been separated from a non-EEA partner and in some cases their children as a result of the income requirement.
  2. Some British citizens and permanent residents have been prevented from returning to
    the UK with their non-EEA partner and any children as a result of the income requirement.
  3. Some children, including British children, have been indefinitely separated from a non-EEA parent as a result of the income requirement.
  4. The current permitted sources in order to meet the income requirement may not fully
    reflect the resources available to some families.
  5. The adult dependent relative visa category appears in effect to have been closed.

In general it is the rigid enforcement of the rules that is the problem. The proposed migrant’s salary cannot be taken into account when calculating the £18,600 even if they have a high salary. In practical terms it means that people with a right to live here cannot bring their high earning partner to live with them if they themselves are not working. They may be looking after their children and have no plans to work or to become a drain on the public purse. If their children were born in a non-EEA country and require a visa the bar to entry is set even higher. The UK misses out on the skills of the ‘dependent’ migrant and the income tax revenue from their high salary. Some people have had to claim benefits when that was never their plan and their children are then growing up in a low income one parent family. In parts of the UK average income levels are well below £18,600 and so that level of income is then not achievable.

The APPG Migration Group had this to say

We urge Government to consider the emerging evidence about what must be the unintended consequences of these rules, and hope they will agree the need fully to review whether, one year on from their introduction, these rules have struck the right balance between different interests.

Increasingly young people are working abroad as part of their career development and when starting a personal relationship are probably not thinking about the complexities of immigrations systems. It would be odd if they were. In the first flush of romance they are more likely to believe that love conquers all.

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