Got a reply back fromDamien Green MP, Minister of Immigration.
Mrs X is concerned about the proposal to set a minimum income for those seeking ti sponsor the application of their spouse or partner to join them in the UK will disadvantage British Citizens who are married to non-European Economic Area (EEA) nationals.
We are clear that British Citizens and those settled here are able to marry or enter into a civil partnership with whom they choose. However, family migrants, must have access to enough money to support themselves, without their UK resident spouse or partner needing help from public funds, and to enable them to participate in everyday life in a way that facilitates integration.
On 13 July the Govt. launched a consultation on family migration. The consultation contained proposals for reforms to the Immigration Rules relating to spouses and partners. Proposals included the introduction of a minimum income threshold for sponsors of spouses and partners, to bring greater clarity to maintenece requirements and to ensure that family migrants are supported at a reasonable level that ensures they do not become reliant on the taxpayer.
The Govt. asked the MAC for advice on a new minimum income threshold for sponsorship under the family migration route. The MAC report was published on the 16/11/11 and the Govt. will take account of it's advice when developing policy on the proposal.
The family migration consultation closed on 16/10/11 and the responses are currently being analysed. All comments and view received during the consultation process will also be taken into account in decising what changes will be made to the Immigration Rules relating to family members.
Mrs. X mentioned that the proposals would not affect those married to a citizen of a EU country. The rights of EU citizens and their family members to work and live in other EU countries, and to be accompanied by their third country national me,bers are set out in a legislation known as the Free Movement Directive, by which all EU Member States are bound.
EU citizens' free movement rights are not unlimited. Those who wish to live in the UK for longer than three months must be excercising a Treaty right as a worker, a self-employed person, a self-sufficient person or a student. Where EU citizens do no meet one of these requirements, they will not have a right to reside in the UK and my be liable to removal.
The Free Movement Directive does not cover the rights of EU citizens living in their country of nationality, so it does not apply to British nationals living in the UK. However, as all Member States are bound by the directive, British Citizens excercising a Treaty right elsewhere in the EU have the same right to be accompanied by their family members as those from other Member States have while they are living in the UK.
Yours,
Damian Green MP
Would love to read your opinions about the above!