MM case Joint Press Release - MRN and BritCits

Joint Statement of BritCits and Migrants' Rights Network

                                  WINNING THE RIGHT TO LIVE WITH YOUR FAMILY

BritCits and the Migrants’ Rights Network, today welcomed the decision to take the children’s best interest for family migration, but were disappointed that the minimum income requirement (MIR) remains.

For over four years, in some cases longer, families have waited for this final judgment, and today the Supreme Court ruled that the best interest of children needs to be taken into account, and alternative sources of funding must be considered alongside the MIR.

However, there will still be couples with and without children who will not be able to meet the MIR, and will today need to begin to make difficult decisions on their future. The MIR, currently set at £18,600, will continue to discriminate and negatively impact couples, and certain groups, such as refugees. At present, there are estimated to be over 41% of the working population who would not be able to meet this threshold.

Fizza Qureshi, Director of the Migrants' Rights Network said, “Today, families have won a great victory- they can finally be reunited. It is also welcome to see that alternative sources of funding should be considered alongside the minimum income threshold. However, for those without children, and those without alternative sources, today they will have to begin to make difficult decisions on their futures. And we will need to continue to pressure the Government to implement these changes ”

Sonel Mehta, Founder of BritCits said “It is disappointing that the Supreme Court acknowledges 301 out of 422 listed occupations earn on average less than the MIR, and often these are ’providing essential public services’ yet go on to uphold a MIR which is c50% higher than what a full-time worker earning the minimum wage could earn. But it’s not all doom and gloom. The appalling way this government has treated kids has not been lost on the Court, and alternative means of funding also now need to be taken into account. What this means for families though will be clearer only when we see how the government implements the required changes as they seem to have been afforded quite a bit of leeway on how they will do so.”

Notes:
1. The family migration income threshold: Pricing UK workers out of a family life. http://www.migrantsrights.org.uk/files/publications/MRN_Family-Migration_Briefing-June_2014.pdf
2. BritCits is a human rights charity founded as a result of divisive family immigration rules which are leading to the break-up of families of British citizens and residents with non-EEA family members, whilst also forcing British citizens into exile.
3. The Migrants' Rights Network is a charity advocating for the rights of all migrants in the UK. MRN works with a range of stakeholders including migrant and refugee community organisations across the country.

MM case judgment to be handed down Weds 22nd Feb

Finally, some real news on #MMcase - the judgment will be handed down on Wednesday 22nd February, 9:45 UK time.  This is the one year anniversary of when the hearing was at the Supreme Court.  It has been a long journey, as permission to take this case to the SC was handed down in May 2015

What is this case about?
Immigration rules which make it very difficult for a British citizen/resident/refugee to live in the UK with their partner/spouse.  This has often meant that British citizens live in exile, outside their country of citizenship or couples are forced to live apart - with a secondary impact on kids who grow up without a parent, and elderly parents who potentially have to depend on dwindling social care because of the absence of their own children. To see the journey through the courts, read the MM case overview.

What were the arguments made in support of families?
The overview above covers much of it, though you could watch the webcast of the hearing at the SC yourself, through their website.  The BritCits witness statement submitted at the Court of Appeal stage,  after all this time, is still pretty compelling reading likely to have all of you nodding along with your personal experience of these rules.  Worth a read (though I am biased!)

What will the judgment be?
We do not know.  Like you, we hope it will be on the side of families of course, but also like you, we'll just have to wait till next Wednesday.  You can watch the judgment live on the SC website, and it's likely twitter will be overflowing with what comes out of the judgment too.  Follow us @BritCits.

Whatever the judgment, the strength and determination shown by families we have come across is an inspiration to us all and is something that no politician will ever be able to take away - not even Theresa May.

Clint & Mary Laine - Featured Family

“I am so let down by my country, seriously considering leaving UK for good just so I can have a 'normal' family life.”

Clint is a British citizen, born in Huntington, Cambridgeshire.  His family have lived in the same house in St Ives Cambridgeshire for over 50 years.  They are pretty well rooted to the region.

Clint's mother came to England from the Philippines in 1984 and his dad is British by birth and origin. 

In 2007 Clint moved to the Philippines where he met and subsequently married Mary Laine in November 2010.  The couple was blessed with a beautiful daughter, Macy, in March 2013.  Macy is a British citizen and thus can be with her dad in the UK any time.  Not so however for Mary Laine. 

Clint does not meet the financial requirements, the elusive £18,600 per year nor the £62,500 savings threshold.  Thus, his wife is not allowed to come to UK to live with him, and Macy is not allowed to have her mother with her in the UK....thus they are unable, as Clint puts it, to live 'as a normal family'. 

Clint has already wasted thousands of pounds on an immigration lawyer on the basis of his wife being the "primary carer of a EEA child".  Twice.  And it failed, twice.   Clint now wonders what else he can do to unite his family.  

It has already been six years since the family has lived apart; Clint tries and goes back to the Philippines twice a year, but it is expensive and work limits the ability to go overseas for long periods.  He also needs to work here in order to send money to the Philippines for his wife and child.

So far, Clint has not been able to get a job which pays £18,600.  It does bear considering that a person who earns less than £18,600 but is able to manage two homes - UK and overseas, will surely be able to look after his family when all in the one place!  But UK immigration rules are not a place for common sense, nor compassion.

Clint is now considering leaving the UK permanently, to make a life in the Philippines, just so the three of them are not apart for any longer.  There is huge uncertainty over the kind of work Clint could undertake over there  - perhaps work on rice lands.   But Clint is saddened that his daughter would then miss out on the education which she has a right to.  But Clint cannot separate the child from her mother.

Clint feels let down by his own country.  Sadly, he isn't alone.

Are these protests all about Trump, or something closer to home?

Today saw more protests sparked by so-called President Trump.  Why is it we are so worried about what is happening across the Atlantic?

A travel ban affecting Muslims is bad enough, but that the Executive Order was signed on Holocaust Memorial Day, was particularly crass.  

A fear that Brexit increases the dependency on USA, whilst taking us further away from our nearest neighbours....a USA where we know we would only be the junior partner, to be led rather than leading.  By TM showing up to greet Trump in his first week, extending a state visit, we have shown our desperation.  Obama was into his third year before he got the red carpet treatment. Bush and Clinton did without for all eight years of their presidency.

 

Or perhaps we are faced with a realisation that the years of anti-migrant hysteria dominating UK headlines and air time (when was the last time there was an episode of Question Time where immigration wasn't mentioned?!) was leading us down the very same path we are horrified to see being tred by our 'very special friend' with whom we 'share a very special relationship'.  Are we rejecting what we were so close to becoming? 

As we become more aware of Trump's failings, and protest in support of those being victimised, we must rise up for the failings closer to home too.

Our Prime Minister caused much devastation in her previous role as Home Secretary.  She knew before the world did, that Trump was going to ban refugees, yet did nothing.  At least she's not a hypocrite though given her own treatment of refugees and migrants - indeed, even British citizens, who she'd rather have living in exile than allow our family to live here, despite it being with no recourse to public funds.

The net migration target continues to elude her, and despite attempts to break up families, force Brits into exile, make UK a hostile environment (Tories even forced a working party named after this policy!), crush our tertiary education sector and leave the EU, this is a target that has not and will not be met.  Not unless UK is turned into the kind of country that none of us want to be in!  There is no way to make living here hostile for migrants, without also making if terrible for citizens.

Theresa May uses Downing Street simply to further the agenda from her Home office days - I envision strings attached to Amber Rudd, pulled by TM.  A Home Secretary in name only.  

In TM, we have a Prime Minister who doesn't know how to lead; obsessive, controlling, unable to delegate, and incapable of compassion.  And in her hands are the reins of our future.