Demonstration outside the Home Office, 9th July 2014

https://www.youtube.com/watch?v=BIMg3lnFZMg

https://www.youtube.com/watch?v=Jf5GjJJW4PQ

The struggle continues!

More links on 9th July 2014 day of action :  http://britcits.blogspot.co.uk/search/label/a%20really%20good%20day

MM & Ors : Initial response (a personal view)

The judgement today is bad news, but we always knew that bad news would be a possibility. We hoped for the best, but we have always been realistic about the chances that there would be setbacks.

Campaigns against draconian family migration laws in other parts of Europe - in countries such as Denmark and Norway - have been running for a decade now. The campaign still goes on in those countries, and provides a platform and support for those affected. Campaigns against injustices such as the Hillsborough coverup also continue. These campaigns endure - they change, they have ups and downs, but the fight goes on, because the thirst for justice - the thirst for love, for family - is fundamental to the human condition.

We will continue to support those affected. We will fight this battle, family by family, through information sharing, media work, and researching and offering solidarity and solutions - as we have done since the rules came in.

We will keep lobbying politicians to get a commitment from them to scrap these unjust laws. This could take time in the current climate, but in the meantime we will support you.

We will continue to campaign and to work with other campaigners.

Let us learn the lesson of the the campaigns of the 1980s and 1990s, where the racist primary purpose rule divided similar numbers of families. It was ultimately a commitment from a major political party that eventually did for those rules, after much lobbying and hard work, by campaigners and by those affected. Many of the campaigners involved then are supporting us now, and we thank them for their continued efforts and for their shared wisdom.

In the meantime, let's support those affected and help them find solutions appropriate to them.

We are here for you, and however the campaign evolves and changes (as it will) over the coming months - and years - we will remain here for you, always.

“The arc of the moral universe is long, but it bends towards justice.” ― Martin Luther King Jr.

MM roundup part 2 : Twitter and Facebook

https://twitter.com/Miss_coe : These 2little girls have been denied a daddy by home office this does not make me proud to be British!!! #MMcase pic.twitter.com/cCkYTYBXj1

https://twitter.com/alscriv :  Things that delight me: good films, stargazing, travel.Things that delight @JBrokenshire: breaking families. Possible mental case?

https://twitter.com/ColinYeo1 : "61% of women and 32% of men will not qualify to bring in a family member" @MigObs on #MMcase issues back in 2012 http://www.migrationobservatory.ox.ac.uk/press-releases/women-young-people-and-non-londoners-are-most-affected-changes-family-migration-polic

https://twitter.com/ColinYeo1 : I am struggling to think of any other legal case that can have caused as much direct anguish to as many people as #MMcase

https://twitter.com/crookedfootball : Gutted about the #MMcase but Court of Appeal seems often to be more establishment than @UKSupremeCourt - so hope for appeal success

https://twitter.com/PaulBlomfieldMP : Thousands of families remain split apart because of the #familymigration rules. They're causing real anguish https://www.facebook.com/paulblomfieldmp/posts/10152101527741734 … #MMcase

https://twitter.com/Heather_Jones5 : HO wins judgment on minimum income threshold https://www.gov.uk/government/news/home-office-wins-judgment-on-minimum-income-threshold …
#MMcase devastating - Warning "Do not fall in love with a foreigner"

https://twitter.com/chris8tine : @ukhomeoffice 'delighted' families permanently separated by today's ruling - & they preach #BritishValues?! #MMcase https://www.gov.uk/government/news/home-office-wins-judgment-on-minimum-income-threshold …

https://twitter.com/BritCits : You realise by shattering families you're building up a whole bunch of bad karma for yourself @JBrokenshire @ukhomeoffice ? #MMcase

https://twitter.com/artclarke57 : It's sad my dogs have more right 2 come back & live in UK with me than my wife does.

https://twitter.com/BritCits : Britcit with Bangladeshi wife:"Dont understand why court spent 4m for this disastrous conclusion when >3000 families in pieces" #MMcase

https://twitter.com/wayne_pearsall : lost battle but not war.  Beat ukba and Singh http://surinder-singh-route.info

https://twitter.com/EiriOhtani : Even if the Court does not agree with us, the current #familimigration rules are indefensible. Don't give up people! #MMcase

https://twitter.com/davidcorton : @JBrokenshire oh you're 'delighted'? DELIGHTED!? To be breaking families up? What kind of man makes a comment like that? #MMcase

https://twitter.com/ZahiraHassan : What? judge said in Appeal Court, #MMcase 'rules are discriminatory but justified'.Discrimination is never justified."lessons: equality&law.

https://twitter.com/LawFirmLimited : #MMCase judgement - rules 'discriminatory but justified' #familymigration #immigration #law #AppendixFM #HomeOffice #familylife

https://twitter.com/johnstuadams : Devastating news on the #MMCase judgement. But we must still keep up the fight. People have a right to be with their loved ones.

https://twitter.com/migrants_rights : Disappointing decision in #MMcase but this is not end of the story. Fight goes on and we won't stop until we get rules protecting families!

https://twitter.com/Cailean_Mac : Will pass most people by, but the #MMcase means that many British Citizens will be separated from their partners thanks to UK Govt policy.

https://twitter.com/MFImmigration : Disappointed to hear decision in #MMcase. Case likely to go to the Supreme Court now.

https://twitter.com/anamacouzet : Disappointed to hear #MMcase judgment - rules 'discriminatory but justified'. More families will be separated.

https://twitter.com/BritCits : "A sad day"  "Crazy!"  "Gutted" "This is so unfair!" "Just a complete let down isn't it...can't bring myself to read it [judgment]!" #MMcase

https://twitter.com/BritCits : Justice was NOT served today. On BC FB: "It's a massive injustice."

https://twitter.com/BritCits : BC FB: "One hand they said discriminatory and on other hand lawful...how does that work?"   "This is not justice" #MMcase

https://twitter.com/BritCits : "Thanks for tearing my family apart Theresa May;would love [u] to explain to 4yo where his daddy is when crying himself to sleep!" #MMcase

https://twitter.com/BritCits : The silver lining from awful #MMcase judgment is that those on hold will now be refused & hence able to appeal, likely on Article 8 grounds

https://twitter.com/lovelettershome : We have word that BBC Newsnight is doing a feature on the #MMcase tonight, including people from our book. Exciting! 22:30, BBC2

https://twitter.com/Branquelo84 : my heart goes out to the ones suffering with this desicion. I too am crushed. my search for a job with 60 hours per week continues

https://twitter.com/ColinYeo1 : Someone is really starting to take the piss with the Home Office photo choices: https://www.gov.uk/government/news/home-office-wins-judgment-on-minimum-income-threshold

https://twitter.com/AdamWagner1 : Perhaps the parent is holding £22,400 in the hand we cannot see

https://twitter.com/Miss_coe :

The full MM judgement, 11th July 2014 (long)

http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2014/985.html&query=lebanon&method=boolean

Mirrored at :
http://www.scribd.com/doc/233493455/MM-Ors-vs-SSHD-Court-of-Appeal-Judgment

MM roundup part 1 : Blogs, campaigners, lawyers

Migrants' Rights Network : Court of Appeal rules against challenge to lawfulness of family immigration rules

http://www.migrantsrights.org.uk/news/2014/court-appeal-rules-against-challenge-lawfulness-family-immigration-rules

'The long-awaited judgment of the Court of Appeal in the case ‘MM’ on the matter of the lawfulness of the UK immigration rules setting income levels for the sponsorship of non-EEA family members was made public this morning.

'The Court ruled that the Secretary of State’s rules, though discriminatory in their effect, had a legitimate objective and were for this reason not unlawful.

'The immigration rule which was subject to the proceedings requires the British resident sponsor of a non-EEA spouse to demonstrate an income of at least £18,600 per annum in order that a visa be issued.  In the event that a non-EEA national child is being sponsored a further £3,800 per annum income is required for the first child and £2,400 for each additional child after that. Provisions also exist for the sponsor to demonstrate a means to support through the savings of amounts indicated by the rules being available.

'In a case in the High Court in which judgment was given 2013 Mr Justice Blake had ruled that the rules were a disproportionate interference with the UK resident’s right to family life under the terms of Article 8 of the European Convention of Human Rights.  This was the issue being considered on an appeal by the Secretary of State.

'In a long ruling on the matter the Court set out the view that, although the rule did discriminate against people with modest incomes they were not inherently irrational given the government’s legitimate aim in limiting the impact of immigration on public funds.

------------

43 Temple Row (MM lawyers) : Court of Appeal rules on family migration and the minimum income threshold

http://43templerow.co.uk/court-appeal-rules-family-migration-minimum-income-threshold/

'Whereas Mr Justice Blake’s decision had properly considered the detailed evidence provided by the claimants’ lawyers, the Court of Appeal barely considered it. The decision comes over four months after the appeals were heard in March 2014 and two years after the rules were introduced. Since Mr Justice Blake’s decision, the Secretary of State has imposed a stay on considering applications which would otherwise have been refused for failure to satisfy the new rules. That stay will no doubt now be lifted. This will at least give people an opportunity to mount an appeal against negative decisions.'

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Free Movement : Outcome of MM minimum income case in Court of Appeal

http://www.freemovement.org.uk/outcome-of-mm-minimum-income-case-in-court-of-appeal/

'The coup de grâce comes at paragraph 150, where Aitkens LJ concludes that after all the work the Secretary of State and her dedicated officials put into setting the income threshold where they did, the judgment of the Secretary of State “cannot be impugned”.

'There will be those who disagree, I imagine rather vehemently. The conclusion that as long as one has done one’s homework it does not matter that it was unreadable nonsense is certainly quite a striking one.'

------------

Morton Fraser : Court of Appeal gives ruling in MM and Others

http://www.morton-fraser.com/knowledge-hub/court-appeal-gives-ruling-mm-and-others-1

'My initial reading of the decision is that, whilst it is a setback for those campaigning to lower the minimum income requirement, it is not all bad news. The Court of Appeal seems to confirm that it will still be necessary to examine human rights arguments in individual cases. My experience in the tribunal has been that, where the rules constitute a significant interference with family life and in particular where they impact on children, the tribunal is willing to grant appeals. This is likely to remain the case following this decision and, as cases will be dependent on individual circumstances, it is vital that individuals obtain experienced legal representation to assist with appeals.

'It is likely the MM case will move onwards to the Supreme Court and it is unlikely the issue of the financial requirement will be resolved until at least 2015. During that time we can expect the political debate regarding the financial requirements to continue, particularly in light of the recent findings of the Migrants Rights Network that 48% of workers in Scotland would not meet the financial requirement.

'Families affected by the decision in Scotland will also closely monitor the outcome of the independence referendum in September as the White Paper indicates that a lower threshold may apply in an independent Scotland.

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Love Letters to the Home Office : Heartbreaking news

http://lovelettershome.org/blog/ruling-heartbreaking-news/

'In short, it is very unexpected news: the Home Office appeal was upheld, meaning that people in the UK continue to have different human rights based on their income, and that families continue to be divided by this.  Thousands of people are going home to empty homes again tonight, knowing that their families are still forbidden from them, purely because of these rules.'

Invictus

Out of the night that covers me,
Black as the pit from pole to pole,
I thank whatever gods may be
For my unconquerable soul.

In the fell clutch of circumstance
I have not winced nor cried aloud.
Under the bludgeonings of chance
My head is bloody, but unbowed.

Beyond this place of wrath and tears
Looms but the horror of the shade,
And yet the menace of the years
Finds, and shall find, me unafraid.

It matters not how strait the gate,
How charged with punishments the scroll,
I am the master of my fate,
I am the captain of my soul.

Eastern Daily Press : Hemsby couple fighting to stay together fear Home Office battle might be lost

http://www.edp24.co.uk/mobile/news/hemsby_couple_fighting_to_stay_together_fear_home_office_battle_might_be_lost_1_3679778

'A woman fighting to stay with her British husband fears she is losing the battle after she was fired from her job as a carer.

'Arlene and Stephen Watty, of Hemsby, have been trapped in an immigration battle for more than two years after Mrs Watty, who is from the Philippines, had her application to stay in the UK after their wedding turned down.

'At the time, the Home Office said Mr Watty did not earn enough money, adding there was no reason why they could not live together in the Philippines.

'The couple last year lost their appeal and are appealing a second time.

'But, while they wait for the Home Office to decide their fate, 45-year-old Mrs Watty has lost her job because of the uncertainty surrounding her legal case to stay in the country.

'Tonight, BBC Newsnight will feature the Wattys in a programme looking at an immigration rule which stops couples living together in the UK if the British spouse earns less than £18,600 a year.

'Mr Watty was unemployed when his wife first applied for leave to remain in November 2012, but he now runs a fencing business.'

Previously - ‘I do not want to be separated from my husband’ - east Norfolk couple facing immigration battle

http://britcits.blogspot.co.uk/2014/03/i-do-not-want-to-be-separated-from-my.html

The Heart Secretary - by Wes White, who was at yesterday's demonstration

http://whysweetlie.blogspot.co.uk/2014/06/the-heart-secretary-teresa-may.html

On the wall of the Heart Office there is an embroidery
in patriotic colours, faded since 1905
to pink, cream and baby blue. It reads,
‘I SHOW ME HERE THE EARTH IS.’
It’s a famous phrase, but broken up;
letters apart that should be together,
together that should be apart.

Goole Times, July 2013: Heartbreak battle to reunite family

http://gooletimes.info/heartbreak-battle-to-reunite-family-p906-1.htm

This case study was referenced by Andrew Percy MP in the All-Party Parliamentary Group session during yesterday's day of action :
http://britcits.blogspot.co.uk/search/label/a%20really%20good%20day

'A man has spoken of his painful two-year battle to bring his Cambodian wife and four-year-old daughter home to Goole. After meeting the love of his life while travelling in Cambodia in 2005, Gary Smith never could have guessed the hell that would face him over the next eight years.

'The 42-year-old, of Old Goole, has fought tirelessly just to have a regular home life with wife Chantha and daughter Aaliyah. But due to government restrictions of having to earn £18,600 per year, and his wife not being from the EU, he is facing a life without his beloved family.

'Gary, who earns over £17,500 as a refuse collector for East Riding of Yorkshire Council, said this week: "This is destroying my family. I haven't seen my daughter for a year. How do you tell a four-year-old that she can't come over because we can't get a visa? I've spent a year and a half going through this hell." '

Mr. Percy has also raised the case in the adjournment debate on family migration he called last year :
http://www.publications.parliament.uk/pa/cm201314/cmhansrd/cm130909/debtext/130909-0004.htm#1309102001138

Free Movement blog : Anniversary of new immigration rules

http://www.freemovement.org.uk/anniversary-of-new-immigration-rules/

'... The effects of these rules are really beginning to bite: much misery has been caused by family separation. Spouses are kept apart or exiled to another country, children are deprived of a parent and grandparents are left lonely, isolated and suffering while their children can only watch helplessly from afar.'

'All from the government that David Cameron said he wanted to be the most family friendly in history.'

David Hanson MP tweets

https://twitter.com/DavidHansonMP/status/487117887623405569

More on yesterday's day of action :
http://britcits.blogspot.co.uk/2014/07/quick-update-from-day-of-action.html

Quick update from day of action... 

Thanks to those who attended. A fuller update will provided in due course, but some highlights :

From the morning All-Party Parliamentary Group session, chaired by Paul Blomfield MP :

Andrew Percy MP (Conservative) and Katy Clark MP (Labour) provide case studies of constituents affected, as well as a thoughtful contribution from the centre-right think tank Bright Blue on values, and an excellent contribution from the Lib Dem peer Lord Teverson. Very heartening to see members of all parties speaking out on this - including Conservatives.

Many great contributions from the floor as well, in particular Guy Taylor of JCWI made an excellent speech calling on politicians to make a commitment to scrapping the rules and reuniting families. Guy wants one more day of action next 9th July, and then for it to be done. 'A review of the rules would be nice, but scrapping them is what we need'. I couldn't agree more.

On the streets :

Demo outside the Home Office - a joyous occasion for solidarity, protest, friendship and laughter, and some excellent chanting (ably led by Lee )  :

'I love my foreign spouse... ' Facebook group has more photos :
https://www.facebook.com/groups/139807999382936/


The parliamentary session in the evening and the launch of the JCWI/BritCits adult dependant relatives report, chaired by Sarah Teather MP :

'You can't see the carpet' :
https://twitter.com/JCWInews/status/486932778643386368

Many great contributions, including linking the adult dependant relative issues with the rights of children. 

'Harsh, Unjust, Unnecessary' : Adult Dependant Relative Report, by JCWI with BritCits, launched 9th July 2014 :
http://www.scribd.com/doc/233262294/Adr-Report

Please read this detailed and moving report!

'I don’t want to leave my country. I will miss my home I will miss my friends and school. I want to live in my country with my whole family and friends. I really really don’t want to go to any other country. It doesn’t feel nice and I don’t want to do it.'

— British child, 7 years old

JCWI : Immigration restrictions condemn elderly parents to lonely twilight years :
http://www.jcwi.org.uk/blog/2014/07/09/immigration-restrictions-condemn-elderly-parents-lonely-twilight-years

In particular : Shadow Immigration Minister David Hanson committed to reviewing the family immigration rules should Labour win office. This follows on from the Liberal Democrats' endorsing a similar position a couple of months ago (see : http://britcits.blogspot.co.uk/2014/04/welcome-news-liberal-democrats-endorse.html ). This is a most welcome statement and one we will certainly follow up on.

Our blogs on last year's day of action :
http://britcits.blogspot.co.uk/search/label/a%20very%20good%20day

Immigration Restrictions Condemn Elderly Parents to Lonely Twilight years. - See more at: http://jcwi.org.uk/blog/2014/07/09/immigration-restrictions-condemn-elderly-parents-lonely-twilight-years#sthash.La2MZVi2.dpuf

------


And finally...

Self-righting Fukushima dolls on display at U.K. Parliament

http://www.japantimes.co.jp/news/2014/07/08/national/self-righting-fukushima-dolls-display-u-k-parliament/

 'Sixty-six traditional tumble dolls from Fukushima Prefecture are on display inside Britain’s Houses of Parliament, several of them the work of celebrity designers.

'The event was organized by a group of Fukushima expatriates living in Britain.

'They say the “okiagari-koboshi” dolls, which right themselves when tipped over, demonstrate the fortitude of the Fukushima people and illustrate Japan’s efforts to rebuild from the devastation of the March 2011 earthquake and tsunami.'

Spotted while passing through Parliament on the day of action. A nice reminder of (adopted) 'home' for your correspondent.

 

'I get knocked down, then I get up again' : https://www.youtube.com/watch?v=hDkVQvhZx04

Friday

... may well  be a big day. Watch this space, and this space : https://twitter.com/BritCits

Previous post - Summary of the MM case :
http://britcits.blogspot.co.uk/2014/03/weeks-roundup-and-update-on-mm-by-sonel.html
http://www.scribd.com/doc/231039718/MM-and-Ors-Case-Overview

And Wednesday is a divided families day of action - with events in Parliament, on the street, and in Malta. Don't forget - come and say hi - details here :

http://britcits.blogspot.co.uk/2014/06/repost-9th-july-reminder-events-in.html

https://www.eventbrite.co.uk/e/the-big-day-tickets-11930834447  

Banners For the 2 Year Anniversary With White Background

Versions to save ink

Banners For the 2 Year Anniversary With Yellow Background

Banners For the 2 Year Anniversary With Red Background

Banners For the 2 Year Anniversary With Blue Background

Some More Banners For the 2 Year Day of Action

We are BritCits, hear us roar

Thanks, David.

Scandinavian guidelines to Surinder Singh route

https://www.facebook.com/notes/eea-visa-eu-free-movement/scandinavian-guidelines-to-ss-route/756686434381876

By Kim Pedersen Nyberg of the Danish NGO Ægteskab Uden Grænser ("Marriages Without Borders").

 'If anyone is considering exercising treaty rights in any of the Scandinavian countries, here are links to the public immigration authorities in Finland, Sweden, Norway and Denmark. Also links to NGOs where available.

Wales Online : He's from Wales, she's American, so why can't their romance blossom?

http://www.walesonline.co.uk/news/local-news/steve-andrews-melissa-houghton-hes-7343315

'Self-confessed 'artist-type' Steve Andrews is 62 and partner Melissa Houghton is 32, but it's not the age gap that's causing them problems - it's visa restrictions.'

'Writing about their plight, the Bard of Ely said: “Our age difference causes no problems, but our nationalities do.

'“I couldn’t believe my luck when I found out that despite the fact that I was twice her age and a starving artist-type, Melissa was as attracted to me as I was to her.”

'The couple met and fell in love in Tenerife where Steve had been for nine years. Melissa, who was born in Korea but adopted by American parents, was touring Europe and  moved into Steve’s apartment in  San Marcos.

'Steve said: “Sadly though, the course of transatlantic love was not set to run at all smoothly. Melissa had a tourist visa and this only allowed her to stay in the Canary Islands until the beginning of May. The UK was a logical choice, as she could stay six months on a tourist visa.”'

https://twitter.com/bardofely

Upcoming meetup : London Churches and Refugee Network, 16th July, 5:30 pm

All details for attendees are here :
http://www.meetup.com/BritCits/events/193051412/


Themes :

Understanding the Experience of Detention
Led by Eiri Ohtani, Co-ordinator Detention Forum
and
Anne Stoltenberg, Migrant Voice

There will be workshops and people present who have been in  detention or visit detention centres

Family Migration
Update led by Jan Brulc, Migrants' Rights Network

*** IMPORTANT *** WEDNESDAY 9TH JULY EVENTS

The 9th July morning meeting of the All-Party Parliamentary Group has moved to Committee Room 14, House of Commons. Details have been updated.

Updated details are here :
http://britcits.blogspot.co.uk/2014/06/repost-9th-july-reminder-events-in.html

Ala Sirriyeh: Governing the international family

http://socandcrimatkeele.blogspot.co.uk/2014/02/governing-international-family.html
 
'A few days after Valentine’s Day, I stood in the supermarket queue contemplating who might be so confident as to buy a reduced priced Valentine's Day card from the display for next year. Coming straight after Christmas and New Year, some people find themselves faced with a gauntlet of public celebrations that centre heavily on the themes of family and love. Even if they share my sentiments on such over-commercialised, over-sentimentalised events, it must be difficult for those who have to endure these days while living apart from their partner or family. While a number of people do, to some extent, choose to engage in living-apart-together (LAT) relationships, for others separation is of a more enforced nature. This is currently the situation facing a number of British citizens and residents who are in a relationship with a partner from a non-EEA country (European Economic Area)...'

Free Movement blog : 3,641 families put on hold

http://www.freemovement.org.uk/3641-families-put-on-hold/

'The Home Office has updated its statistics on the number of families with pending applications separated by the £18,600 minimum income threshold for spouses. At the end of December 2013 it was 3,014. At the end of March it stood at 3,641. That is a LOT of separated families and an almost unimaginable amount of anguish. All caused by the Government David Cameron said in Opposition he wanted “to be the most family friendly Government we’ve ever had in this country and that is about everything we do to support families and it’s about supporting every sort of family.”'

Number of settlement applications from non-EEA partners on hold pending the results of a judicial review :
https://www.gov.uk/government/publications/number-of-non-eea-partner-applications-on-hold-pending-outcome-of-judicial-review/number-of-settlement-applications-from-non-eea-partners-on-hold-pending-the-results-of-a-judicial-review

Current number of cases on hold
Settlement visa applications made overseas     3,134
Leave to remain applications made in the UK     507