Immigration Barristers' Blog

The creation of a sustainable selective immigration system that encourages the brightest and best to come to the UK has been reaffirmed by Immigration Minister Damian Green.

At a speech at the policy exchange, the minister expressed a desire to 'raise the tone of the immigration debate' and start building a national consensus on how immigration can be made to work for Britain.

The government will soon be announcing further changes to family migration and reforms to settlement, breaking the link between temporary and permanent migration. It will also be completing its changes to eliminate abuse of the student visa route and is currently reviewing the annual limit on skilled economic migrants.

In his speech the Minister expressed his intention that the long-term transformation of British immigration policy will introduce greater selectivity. He added that the 'points based system' of the past should ultimately be replaced by a 'contribution-based system' where migrants are checked to ensure they will add to quality of life in the UK.

This is already starting with the development of more selective routes for entrepreneurs, investors and those with exceptional talent alongside existing routes for entertainers, trainees and researchers.

The minister confirmed the introduction of a new route for international graduate entrepreneurs - international students who have engaged in innovative entrepreneurial activity during their studies and want to stay on afterwards to develop their business ideas.

The government will also improve the system for some short-term business visitors and entertainers to ensure world-class performers are encouraged to come here.

The European Commission has launched a public debate on the right to family reunification of third-country nationals living in the EU. Depending on the outcome of the consultation, the Commission will decide whether any policy follow-up is necessary – such as setting up clear guidelines, modifying the current rules or leaving the legislation as it is.

According to data available, in the early 2000s, family migration seemed to make up more than 50% of the total legal immigration. Today, this share has fallen to about one third of all immigration to the EU. The share is even smaller when singling out the migrants targeted by the family reunification Directive (i.e. only third-country nationals joining non-EU citizens): 21% of the overall permits are released to this category of migrants, comprising roughly 500.000 people in 2010. During this year, Italy issued the most family related permits for third county nationals joining non-EU citizens (160,200), followed by the UK (103,187) and Spain (89,905).

Non-EU citizens who are family members of legally residing third-country nationals have the right to enter and reside in the EU if the sponsor has resided "for one year or more" with "reasonable prospects of obtaining the right of permanent residence". Member States may require the fulfilment of other conditions such as sufficient resources, adequate accommodation and sickness insurance, as well as "integration measures".

The consultation focuses on a number of questions arising from the application of the family reunification Directive, including:

•To whom the directive should apply: How to best define the migrants who benefit from the EU rules; whether the right to family reunification should be extended to other family members, outside than the core family; the problems experienced with forced marriages;
•The conditions for family reunification: Whether the integration measures that Member States are allowed to introduce need to be further specified; whether safeguards should be foreseen to ensure that such measures really foster integration and are not used as barriers to family reunification;
•Ways of tackling possible fraud and marriages of convenience;
•The functioning of certain obligations for Member States, such as taking the best interest of children into account when examining an application.

The Commission intends to organise a public hearing after it has received written contributions.

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 Immigration Minister Damian Green has reaffirmed the importance of tackling abuse of the family migration route, and promoting better community integration for those who come to live permanently in the UK.