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JCWI to focus on fighting unfair family migration Rules | Immigration Matters

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Habib Rahman, Chief Executive of Joint Council for the Welfare of Immigrants (JCWI) said during the coming year the organisation will focus on campaigning against the Government’s restrictions on family migration.

Speaking at the JCWI’s AGM in London last night, Mr Rahman said the Immigration Rule changes, in particular the minimum £18,600 income requirement to bring in a non-EU spouse or partner, introduced by the UK Border Agency (UKBA) in July were dividing families and hitting British perople as well as foreigners.

Mr Rahman also referred to an article in yesterday’s Evening Standard “Tough New Visa Rules put Foreign Students off London”, where an unlikely ally Conservative London Mayor Boris Johnson called on Prime Minister David Cameron to remove students from net migration targets.

Speaking in India, Johnson accused the Government of causing “unnecessary alarm” with tough immigration rules, which have already resulted in a 9% fall in student visas, expected to rise to 25% next year.

Last week the outspoken London Mayor strongly criticised his own party’s target to slash net immigration, claiming that visa policies were preventing the City and universities from recruiting the brightest talent, and were “a block to growth”.

One of the guest speakers at the meeting was Emma Ben Moussa, a British bride of a Moroccan husband, who has just given birth to their first child nine weeks ago.

Emma tried to live in Morocco with her husband, but found the life hard and had no chance of finding well paid employment. She returned to her home in Kent this year during the middle of a complicated pregnancy, but could not return to her job as a store manager at WH Smith.

The couple found themselves caught in the £18,600 trap and even if she returned to work immediately she would not be able to show 6 months payslips required to sponsor him on a spouse visa. Her husband’s prospective income cannot be taken into account or the fact that she would be able to work full time if he could be here to look after the baby.

They obtained a visit visa after what Emma described as a very difficult experience dealing with the British Embassy in Casablanca, Morocco.

The JCWI are currently helping the couple to stay together in the UK and have submitted an “outside the Rules” application for further leave to remain. Should this be refused, her case will almost certainly go to appeal and could end up as a test case in the High Court.

The second speaker, Professor Eleonore Kofman of Middlesex University, highlighted the discriminatory nature of the new Rules, which will adversely affect 61% of women, double the rate of men, due to lower earnings.

Professor Kofman noted that it was not just the arbitrary £18,600 income requirement which was splitting families. Other restrictions contained in the Rules include not allowing a partner’s prospective earnings to be taken into account and length of time needed to prove income.

She said the UK was now the second hardest country to sponsor a spouse after Norway.

Raza Husein QC offered some hope pointing to two upcoming cases challenging the Rules in the Upper Tribunal and High Court early next year.

Jeremy Corbyn, Labour MP for Islington North, said the Rule changes were rushed through by the Executive without a vote or proper Parliamentary scrutiny.

He was disappointed that a “Negative Prayer” or objection laid down in Parliament was only signed by 7 MP’s.

Corbyn said it was easy for the Government to be “tough” on poor migrant families and reminded us that the UK was built on immigration and would be a “wet and insular little island” without it.

Referring to the London Metropolitan University’s licence revocation, which is in his constituency, he claimed that the UKBA had not acted rationally and had done spot checks on overseas students during the holidays.

The meeting ended with a lively question and answer session in which Habib Rahman defended JCWI’s record of campaigning against the UKBA’s onslaught on private colleges and international students.

The Joint Council for the Welfare of Immigrants (JCWI) is an independent national charity which campaigns for justice in UK immigration, nationality and refugee law and policy.

Related immigration articles:

New Immigration Rules split non-EEA families apart

Suspected sham civil partnerships cases rise say UKBA

UK 14 YEAR LONG RESIDENCY RULE HAS BEEN ABOLISHED BUT OTHER ROUTES STILL APPLY

Don’t let lawbreaking employers ruin your chance of indefinite leave to remain

Malaysian criminal wins Article 8 Human Rights appeal claiming she would be ’shamed’ if she was deported

Assisted Voluntary Return scheme for visa overstayers has a ’sting in its tail’ 

If you need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 2, Tier 4, applying for university if your college has closed down, Visa, ILR, Settlement, Citizenship, Dependant Visa or an appeal against a UK Border Agency or British Embassy refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email: 

info@immigrationmatters.co.uk or visit www.immigrationmatters.co.uk for free immigration news updates.

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11 Responses to “JCWI to focus on fighting unfair family migration Rules”
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  1. […] JCWI to focus on fighting unfair family migration Rules […]

  2. […] JCWI to focus on fighting unfair family migration Rules […]

  3. […] JCWI to focus on fighting unfair family migration Rules […]

  4. […] JCWI to focus on fighting unfair family migration Rules […]

  5. Why were you applying for visit visas in the first place? You should have taken professional legal advice. Try Bison UK on 02089051822

  6. clare young says :

    to whom it may concern;
    i have been with my morrocon partner since 2008 i have 3 children which my 2 year old is his baby;i have been traveling to and from spain for the last 4 years as he has been refused a visit visa and recently a family visit visa;he got refused 2 times as they dont think he would go back;we split up 1 year ago as it was pointless keeping the relationship on as it was hard for me going every month with his baby and now they wont give him a vissit visa to spend christmas with his daughter his 2 weeks holiday he gets from work,we currently have a appeal in and if no succsess i will be takin this matter further as it is disgusting the way foreigners are treated when they have a baby in england;it is there rights to see there children:

  7. A university will want to know what you have been doing, where you have been studying, for the last 11 months? YOu should seek advice.

  8. mir azam khan says :

    Hello sir I submitted my studen visa for extensiont 11
    month before but I didn’t recive any massage from home office and now college is closed but that time it was in home office list now what can I do if I
    want to take admission in university

  9. thank you so much for this meeting. i am married to a Tunisian and these laws keep us apart.people say to me why do i not go and live in his country. firstly as a woman I will have no rights there. Also I have 4 children, all grown up and indepadant, but still 2 live with me, so if I give up my home who is going to re house them?. I have a semi good job earning £17,000 a year and more than adequate for me and my husband to survive on, as thousands of families do in the UK, I also have 2 very young grand children, so should I be forced to chose between my husband and my life here. This new immigration law is unfair and unjust. My husband is a hard working man and he would not expect to come here and live off the state, even though that would be impossible as he would not qualify for any state hand outs for at least 5 years

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