The Evolution of Immigration Policy in the EU and UK: Discrimination law and rights of Immigrants

TABLE OF CONTENTS

CHAPTER 1: INTRODUCTION1

Family Migration1

Migrants in Europe & UK3

Charities and NGOs4

Racialisation and Immigration and Asylum in Britain5

Research Questions6

CHAPTER 2: LITERATURE REVIEW7

Evolution of immigration laws in UK7

Commonwealth Immigrants Act 196210

Labour takes power10

Immigration to UK11

Family reunification12

International instruments on human rights defending the protection of the family but does not expressly mention the family16

Forced marriages and raise of age limit17

R. Quila v Secretary of State for the Home Department18

Rights to Asylum22

Knowledge of language and life in the United Kingdom22

MA & Ors, R v SSHD22

WORK CITED24

CHAPTER 1: INTRODUCTION

Family Migration

Modern European societies are obligated to accommodate family movement due to the international obligation for nation states to recognize the human right to private and family life and a 2003 EU Directive on “the right of a family reunification for third-country nationals”. However, the right to family was not always recognized by European states. After initial hopes that family migration would eventually slow the total flow of migration and better integrate labor migrants, both France and Germany tried to restrict resident foreigners from reuniting with family members or prevent the family members from working in the host state. They also experimented with restrictions based on accommodation standards and requirements. The policies changed often, presumably due to lively opposition from human rights organizations. In the end, constitutional courts struck down regulations explicitly restricting family migration. Ever since then, European states have been obligated to accept family migrants as a consequence of the state's humanitarian obligation to respect the right to family. States do not always accept the flows of family migrants willingly. Even with the backing of the EU Directive and the widespread acceptance of court decisions upholding family migration, states interpret obligations to family migrants differently. For example, political challenges to family migration are the result of an increased attention to “family formation” within immigrant groups. Family formation refers to when an unmarried resident third country national chooses to marry another third country national and uses the family reunification system to bring the new spouse into the host country. This situation has become more prevalent recently as the children of immigrants (i.e. second generation migrants) choose to seek a marriage partnership in their parent's country of origin.

Other non-conventional marriage behaviour has provoked political responses in European states. Muslim immigration into West European states sparks intense cultural debate, particularly over the occurrence of forced marriages, arranged marriages, polygamy and honour killings. Many members of western society do not want to recognize abusive relationships or support a family environment contradicting ideals of gender equality and freedom. Western policy makers seek restrictions or added legal measures for marriages suspected of being non-consensual (typically polygamous marriages or arranged marriages), hoping to discourage the incidence of forced marriage on European soil. As a result, European states increase requirements for family immigration. In addition, states may withhold legal protections from resident third country nationals in order to maintain the state right to deport individuals suspected ...