Legal News

Home Office Minister for Immigration James Brokenshire has admitted that UK nationals married to non-EU nationals who would like them to be able live in the UK are getting “a raw deal”.

Chair of the Common Home Affairs Select Committee Keith Vaz has flagged up a “loophole” in current legislation, requiring a minimum income for UK nationals before they can bring their non-EU spouse to the UK to settle.

Under immigration law, UK citizens with non-EU spouses are only allowed to bring them to the UK if they earn a minimum income of £18,600, which enables them to “sponsor” their spouse’s visa.

Families with one child require an income of £22,400 – with a further £2,400 in income required for each additional child.

The rule does not apply to Britons married to EU-citizens or non-EU nationals with refugee status in the UK.

The rule is intended as a measure to prevent benefit tourism, with the British taxpayer paying for British nationals setting up a home in the UK with a non-EU husband or wife.

At a meeting on Tuesday (10/02/15) Mr Vaz told MPs:

“Two people living in identical houses next to each other – one who happens to be British born or a person with indefinite leave tried to bring someone from India, they have got to show their £18,600.

“However, the next door neighbour who comes from Slovakia, who has settled in Leicester, and who wants to bring her spouse in, doesn't have to show that income. That's unfair isn't it?”

BBC News reports that Mr Brokenshire has said he would try and close the loophole.

The minimum income rule was introduced in July 2012 and thousands of Britons married to non-EU citizens have been affected – with families not able to settle in the UK and in some cases having to live apart.

Mr Brokenshire has said Mr Vaz was right to highlight the issue – adding that he would raise it with the UK’s EU partners.

“I don't find that acceptable and it something that needs to be addressed,” Mr Brokenshire said.

The government has also appointed a new Chief Inspector of Immigration and Borders, with former director of criminal intelligence at the now-defunct Serious Organised Crime Agency, David Bolt, taking over the role.

His predecessor John Vine left his position six months earlier, after claiming that impact of his work was compromised after Home Secretary Theresa May took control of the publication of reports.

Mr Vine had criticised the immigration service in some of his reports.

The Home Secretary has welcomed the appointment of David Bolt, saying that he is an “excellent candidate” for the position.

Duncan Lewis Immigration Solicitors

Duncan Lewis immigration solicitors are one of the UK’s leading Legal Aid immigration firms and can advise on a wide range of UK immigration law, including spouse visas and five-year work permits in the UK.

Duncan Lewis immigration solicitors are also able to advise on:

• Asylum and asylum appeals
• British citizenship
• Fast-track detention process
• Illegal entry to the UK
• Marriage in the UK
• Right to work in the UK
• Student visas
• Visa overstays.

For expert legal advice on UK immigration law, call Duncan Lewis Immigration Solicitors on 020 7923 4020.



http://www.bbc.co.uk/news/uk-politics-31377750

http://www.bbc.co.uk/news/uk-31381912