The UKBA has opened its consultation into family formation and reunion: 'Family Migration, A Consultation'.

The closing date for responses is 6th October 2011; you can download the consultation  here

Rights of Women are very concerned about a number of the proposals which will dramatically alter the family migration route and place women at greater risk of violence and abuse. Detailed information below:

Overview of the consultation and our concerns

The consultation proposes significant changes to the current rules on family migration to reduce the numbers of applicants who would be eligible to come to or remain in the UK . We believe that a number of these changes are contrary to the Government's commitment to eliminate violence against women and girls and, if implemented, may breach the Human Rights Act 1998.

The consultation includes the following proposals:

• Extending the probationary period from 2-5 years in partner and other family cases. This is the period of time that an applicant has to wait before being eligible to apply for indefinite leave to remain (ILR, also referred to as 'settlement'). During the probationary period the applicant can work but has no recourse to public funds. She is also dependant on her family relationship for the right to be in the UK .
• Finding an 'objective' way of identifying whether or not a marriage is genuine and continuing or not for the purposes of ascertaining whether or not an applicant should be given a spouse or partner visa.
• Introducing an 'attachment' requirement so that couples have to show that their attachment to the UK is greater than to another country if they want to be able to settle together in the UK .
• Introducing a new, higher income threshold for sponsors.
• Ending the route to immediate settlement (also called indefinite leave to enter) for partners who have been in a relationship for at least 4 years before entering the UK .
• Requiring those applying for settlement as partners to demonstrate an understanding of 'everyday English' (level B1).

Other changes proposed include in relation to forced and 'sham' marriages, removing the right to appeal a refusal to issue a family visit visa and reviewing the 'correct' balance between the individual's rights to private and family life and the public interest in controlling immigration (including the need to retain the 14 year long residence rule).

Our concerns and violence against women

The consultation document fails to recognise the impact that some of the changes suggested will have on women who are experiencing domestic violence. For example, no reference is made to the increased vulnerability of older dependant family members if the same changes are imposed on them. The references to violence against women that are made in the consultation serve only to justify measures which aim to reduce net migration, not which offer women and girls meaningful protection from violence. The consultation does not ask respondents, for example, what could be done to the family migration route to implement's the Home Secretary's commitment to ending violence against women and girls.

In addition to the failure to formulate proposals that are in line with the Government's Call to End Violence Against Women and Girls (and its associated documents and commitments) it is also a cause for concern that no reference is made to the UK's domestic and international legal commitments to respond to violence against women, which require the UK to ensure that migrant women receive equal protection from violence to that available to UK women. The European Court of Human Rights has found that a State's failure to protect women against violence is unlawful discrimination because it breaches their right to equal protection of the law.

How to submit your response

• You can read the consultation documents on the website of the  UK Border Agency (UKBA)
• You can respond online, using the online questionnaire or you might want to just email your response document, to:Familyconsultation@homeoffice.gsi.gov.uk
• Responses must be submitted by 6 October 2011.

This  template consultation response has been written to assist individuals and organisations to respond to this consultation. In developing this template we have focused on the areas of law and questions that will have most impact on women, particularly women who are at risk of or who are experiencing violence. We have given suggestions for answers to each question and you are free to use as much or as little of what we suggest as you like so please cut and paste as you think appropriate.

Need more information?

If you have any questions about the consultation and responding to it please do not hesitate to contact either myself or Catherine Briddick, Rights of Women's Senior Legal Officer cate@row.org.uk