The price of togetherness: Impact of UK family visa rules on families

Hana Bibi, Charles Russell Speechlys

In this article we examine the intersection of the UK’s family visa rules with the family law issues and concerns that may arise when families are separated for immigration reasons. We discuss the Migration Advisory Committee’s report in June into the impact of the minimum income requirement, which forms a key part of visa eligibility under the UK’s current immigration rules. Worryingly, the MAC’s report highlighted the significant mental harm caused to children when separated from a parent in circumstances where families cannot meet the financial requirements for a visa. We highlight the potential family law implications of such separation, the practical considerations parents need to be aware of and the likely approach of the courts in the event of any disputes. This is a timely and sensitive issue, especially given that wholescale reform of the family visa rules is expected in the next few months and the fact that the government still has not formally responded to the MAC’s report. 

The full article has published in the December issue of Family Law.  Find out more or request a free 1-week trial of Family Law journal. Please quote: 100482