I write is post because I have been going through the new rules introduced 9 July 2012.
http://www.ukba.homeoffice.gov.uk/sitec ... am-mig.pdf
It is clear to me, reading the above rules about bringing spouses and children (financial limit) ("The rich husband rule") and the rules regarding elderly dependent ("The grannies unwelcome rule") requiring them to be in vegetative medical state to be brought to the UK to join the family, that the sole intention of these rules is to break up the family of a former migrant who is now settled in the UK either with ILR or British passport/citizenship. They are also a stern warning to any and all on Tier 1 and HSMP and other routes seeking ILR that while they may succeed in living here their larger family will not. Consequentially they have to either return home to be with family or choose to abandon their family and elderly parents. I believe this is a betrayal of trust of a migrant who works here and pays taxes and not claiming any benefits. The UK government is attempting to strike at the heart of the migrant workforce - their family.
A lot of the posts on this forum regarding these rules people are happy that it will not apply to them because their spouse or child is already here. While this is great news for them it is simply a 'divide and conquer' policy. By limiting effects of this ruthless immigration policy to small groups at a time the backlash is avoided and the individual migrants feel alone in their fight (as others are not effected). Who knows soon the rules will be upped and YOUR family will be effected. The target is your family.
I would like you to pay particular attention to the extreme rules that apply to elderly parents. You will not be able to bring your elderly parent here even if they are the sole survivor (other parent is dead) and living alone and vulnerable and pine for your company, unless you are able to fill out a form that is in contradiction with itself. Have a look at the questions you must answer here: http://www.ukba.homeoffice.gov.uk/sitec ... vaf4a1.pdf.
Look at the apparent contradictions. Your parent is alone in your country but need continuous care then how is it currently provided and why can it no longer be provided is very hard to justify either way. All these rules apply even if you have ILR and/or British citizenship and pay taxes which contribute toward the care of the elderly in this country. In short your children won't get to live with their grandparents.
How is this justified under Article 8?
The ECHR Article 8 "Right to family life" states that
The government is using the second clause and justifying these changes saying that these changes are in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others and therefore justified.Article 8(1) Everyone has the right to respect for his private and family life, his home and his correspondence.
Article 8 (2) There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
It means that they consider your family a threat to national security, public safety and the economic well-being of UK or a cause of disorder and crime or in violation of health and morals and the rights and freedoms of others. All this despite the contributions made by migrants over their lives to the UK economy. Does this sound fair to you?
What can be done?
i dont have all the answers but I know for a fact that migrants with ILR/British citizenship will need stand together and fight for equal family rights same as ordinary British citizens. I have raised a e-petition to have the above rule for elderly changed. You can raise e-petitions too for rules that you feel are grossly unfair or write to your local MP. I will post a link to my petition here once it is approved. Meanwhile I would like your comments on above and advice on what we can do to oppose these changes to immigration law.
Moderators - Can this post be stickied please?
Update:
E-Petition for opposition to the elderly dependants rules:
http://epetitions.direct.gov.uk/petitions/36798
E-Petition for opposition to the spouse visa rules:
http://epetitions.direct.gov.uk/petitions/34835
Update 2 (04/04/2013):
To add salt to the injury the Crime & Courts bill will remove appeal rights from all family visitor visas. In other words family visitors will be treated as general visitors once the bill is passed. There will be no family visitor category. You will not be able to appeal refusal. You will need to apply (and pay fees) again.
http://services.parliament.uk/bills/201 ... ourts.html
Update 3 (08/04/2013):
Most immigration cases are no longer eligible for legal aid from April 2013, including
1. People facing removal or deportation, where no asylum claim is made.
2. People with claims under Article 8 of the 1950 European Convention on Human Rights (right to respect for private and family life)
3. Children in non-asylum immigration proceedings.
http://www.ilpa.org.uk/data/resources/1 ... al-Aid.pdf
Update 4 (29/04/2013):
Crime and Courts bill has been passed and the Home Office is removing the full right of appeal for applicants refused leave to enter the UK as a family visitor.
http://www.ukba.homeoffice.gov.uk/sitec ... oyalassent