Boris Johnson, the Mayor of London and currently an MP has attacked Prime Minister David Cameron for not trying hard enough to regain control of Britain's borders as speculation intensifies over which side of the EU campaign he will join. The Tory government came to power essentially on the basis of Indian votes, and today the irony is on us.
Prior to 9 July 2012, parents of immigrants who acquired British citizenship and rights to live in this country were allowed to bring their dependents including parents who were over 65 to live with them here, provided the applicant was able to look after them financially. Wealthy individuals were also allowed to join under the retired people of independent means route. Yet the government continues to make misleading statements suggesting migrants are welcome here as long as they are not a burden on taxpayers, or have no recourse to public funds.
However post 9th July 2012, reviews to the immigration rules especially to the Adult Dependant Relative (ADR) route, are making a mockery out of family values, by effectively banning older parents from non-EU countries to join their family in the UK, even if the applicants met with all the earlier requirements. Indeed, it is often on the basis of these requirements that people chose to make their life in the UK, under the impression that when the time comes, they would be able to sponsor their parents to join them in the UK. At a time when visit visas are also increasingly being refused, the government’s approach to family reunification is of particular concern. Yet the government continues to make misleading statements suggesting migrants are welcome here as long as they are not a burden on taxpayers, or have no recourse to public funds.
BritCits, a registered charity, founded by Sonel Mehta is fighting a legal case in the High Court to enable British citizens to sponsor their non-EU parents to come and live in the UK. After almost three and half years of effort, the High Court has accepted their petition and ordered a hearing on April 19 and 20, 2016 in London. It is hoped that a victory here would allow British citizens to sponsor their elderly parents to live with them in the UK and look after them in their old age.
Case Studies
Asian Voice came across hundreds of case studies, where British citizens and residents are denied their fundamental right to family by the Home Office on trivial grounds or because of rules which have been deemed by even parliamentarians as a ‘ban masquerading as a rule’.
One such case was that of Debarshi, in a story that will likely resonate with many naturalised British citizens.
Debarshi and his wife are both British citizens, having lived in the UK since 2005. He came to the UK on a work transfer, and met his now wife Radha who was then here as an international student. Now Debarshi and wife both work at reputable companies as professionals.
The current ADR rules are of concern to Debarshi, as the only child of parents living alone in India. Whilst Debarshi is able to arrange for a carer, this would only ensure provision of physical care. Only family can provide the emotional care, especially that needed during old age when parents needs so often resemble that of children’s. No paid help can replace that.
Debarshi and his wife have made good progress in their careers, having invested a decade of their lives here and to date, not having claimed any benefits. They are very clear net contributors, but wish to be able to also contribute to the lives of Debarshi’s parents by living with and looking after them in the UK.
If the current rules, effectively a ban on parents like Debarshi’s, remain in place, Debarshi and his wife will have no choice but to move to a country where his parents can stay with them. Not an easy decision given the efforts which they have gone to in order to build a life here, but an easy one when balancing the need and responsibilities to those who gave him life.
Another case we came across was that of Puneet. Puneet, a British citizen lives in London with his British wife, and British son. He came to the UK in early 2006, for a company assignment on a work permit, subsequently choosing to naturalise as a British citizen, and thus renounced his Indian citizenship. Having devoted the last nine years to the UK, helping many big businesses, achieving significant milestones and contributing to our economy, Puneet has been rewarded with regular promotions. With his career going from strength to strength, Puneet wishes to see his family as a complete unit, thereby wants to sponsor his parents (both now aged 63 and living in India). He feels it is also his duty to take care of their well-being in their old age, ensure his son has sufficient time to spend with the grandparents, and vice-versa, in order to enable a strong bond to develop between them.
If the rules are not changed, Puneet has indicated that he will with almost complete certainty need to leave the UK in order to be somewhere he can look after them, as taking care of them in their old age, is a top priority. It is also an important lesson in life that Puneet wants to teach his son – that looking after ones parents is a must. However, what this means for these other two British citizens in the family – Puneet’s wife and son, remains uncertain. Will the family break up with Puneet forced to stay away from his wife and son to take care of his parents or will a British child miss out on a British upbringing and education? Puneet is torn between taking care of his parents and ensuring a bright future for his son.
Of further concern is the rules affecting the development of the precious bond between grandchildren and grandparents.
Speaking to Asian Voice, Sonel, the Founder of BritCits said, “BritCits is not advocating an open-door policy on immigration. However we think it’s imperative that immigration rules are fair and clear, in both their intent and application; rules must be such where the interest of a child prevails whatever the parents’ financial situation.
“Ridiculous reasons for refusal – such as denying a British citizen is actually British, or that a couple married for over 12 years with three children does not in itself prove the existence of a genuine relationship – are unacceptable. When the only recourse to an error made by the Home Office is the applicant taking the appeal to court, the path to family reunification often proves to be prohibitive in terms of time and money. We are also concerned with changes made by the Immigration Act 2014, which takes away the ability to appeal against Home Office decisions on the basis that the immigration rules have been wrongly applied.
“We demand better from the government of a developed nation, one which has been a pioneer on the UN convention rights of the child, has benefited from the contribution of migrants to our society and indeed, a nation which historically and even today, is known for its own people venturing into other countries around the world, to live, work and reunite with family.”
Want to contact BritCits? Write to them at [email protected].
Website: www.BritCits.com. Twitter @BritCits
More on the ADR challenge: https://www.facebook.com/events/1104551039564514/
