The Right to Family Re-unification

Family Immigration Rights (FAIR-UK)
Joint Council for the Welfare of Immigrants (JCWI)
National Coalition of Anti-Deportation Campaigns (NCADC)

The Right to Family Re-unification
The European Commission has issued a proposal for a Council Directive on the right to family reunification. There are a number of very positive features to this proposal. The most important are:

* Family re-unification is recognised as essential for immigrant communities, providing for stability and the deepening of roots;

* Family re-unification rights should approximate to own country national rights;

* EU family re-unification rights should extend to the families of EU nationals who have not exercised free movement rights;

* For third country nationals, significant improvements both to the extent of permissible family re-union and procedures (visas to be issued free of charge, decisions on applications within six months, etc).

The initial response of the UK Home Office, in a memorandum dated 10 January 2000, is that the proposals are likely to 'weaken' UK immigration rules. The overall tone of the memorandum suggests that the government may be prepared to exercise its 'opt-out' rights under the Amsterdam Protocol.
Immigration Minister Barbara Roche made it clear that the Government had no sympathy with the Commission's proposal in a statement made to the Commons on 1st March. Responding to Neil Gerrard, MP for Walthamstow, in his call for a positive response to the proposal, Roche said that the measure would require changes to existing policy 'that would be difficult to accept.' She listed the proposal that the UK resident family member would become the applicant for family reunification, rather than those abroad; the abolition of visa fees; and that there should be a fixed minimum standard for maintenance and accommodation, as being particular sticking points for the Government.

Even more worryingly, Roche complained that the proposals 'would significantly weaken the United Kingdom's marriage rules and efforts being made to tighten them up in the face of marriage abuse.' In other words, the Home Office has plans for tougher family rules in the future, rather than the reforms that are really needed.

FAIR-UK/JCWI/NCADC think this should be resisted. There are issues in the proposed directive which UK-based immigration rights groups would want to see changed, but overall the proposal represents the best chance for the radical reform of restrictive and racist family re-unification regulations which prevail today.

For this reason FAIR-UK/JCWI/NCADC are urging a short, sharp campaign of lobbying to persuade the Home Office and the government that black community groups and immigration rights organisations support the EC proposal.

A full briefing on this subject, prepared by FAIR-UK, plus model letters and petitions can be obtained by e-mail from FAIR-UK in Word 98, or earlier. To receive the briefing send a BLANK message to:

Fairuk@ncadc.demon.co.uk

in the subject line put: subscribe FAIR-UK.