Analysis of Immigration Law - Case Study Example

In the case of Kamal and Rebecca, Kamal may not enter the United Kingdom automatically because he was not a legal resident of France when he was married there. A spouse may only be granted full citizenship under the marriage provision if the couple is able to prove a number of different things, with one of those things in this particular case being Kamal’s country of citizenship. Since Kamal was in France illegally, it could be argued that his motives for marrying Rebecca are not for the traditional reasons and, therefore, he would not be allowed into the United Kingdom. Officially in situations where a couple has met outside of the United Kingdom and then wishes to permanently live in the country, they will be allowed to do so if they can prove that they are living together in a married-type of environment and that they will not need state help in order to live, which means that they will not put an additional burden on any social programs in the country, as “the family of qualified persons may also establish themselves in other Member States, even if they are not themselves residents or nationals of a Member State” (IAS, 2006). Kamal, however, would be judged as a somewhat suspicious case, as he is attempting to immediately gain British citizenship, through marriage, while living in another country illegally. If he was able to gain British citizenship through this process, he could easily move back to France and live there legally, while taking advantage of the British system. In this situation, a lawyer would advise Kamal to apply for Entry Clearance before attempting to enter Britain. Kamal would then have to hope that he is given the benefit of the doubt by immigration officials and is able to live in the country on a probationary basis. This means that he and Rebecca must continue to prove that they are living in a married environment for another two years before he is considered for permanent resident status. Many of these cases occur with one spouse being a permanent resident on Britain and attempting to marry someone who is only in the country temporarily. This situation is much easier to monitor because the magistrates in Britain are told to watch out for suspicious marriages. The final problem for Kamal as he attempts to get his British citizenship is that he entered another European Union country illegally. When he first entered France, he was not married to Rebecca, so he was unable to attain citizenship then. After Kamal married Rebecca, however, he would be able to establish himself legally in France, as he is the spouse of someone who is established within the country. This would improve Kamal’s ability to gain entry into the United Kingdom because he would be legally residing in France at the time that he attempts to enter Britain, even though he did not enter France legally. What this means is that Kamal’s best chance at gaining entry into the United Kingdom is to first acquire permanent resident status in France, as that is where he marriage Rebecca, who was in the country legally. Once he does this, he will have a much better chance at convincing the British immigration officials that his marriage is legitimate and that he and his wife are not entering the country for suspicious reasons. The case of Theo and Ana depends largely on where and when the couple met. Since Ana does not live or reside in a European Union country and the couple is not married, the situation has many more variables because of European immigration law. One of the first steps required for Entry Clearance for Ana would be whether or not they met in the United Kingdom or not because in order for a fiancee to be granted clearance, the couple must have met in the United Kingdom and one of them must be settled there. Otherwise, both parties must apply for settlement at the exact same time. This situation appears as if Theo and Ana met after he moved to the United Kingdom, since they did not apply for admission into the country together, which will make it more difficult for her to attain access into the country. If this is the case, then it would also not appear as if the couple has been together for a significant period of time, which can cause for the engagement to appear suspicious. Another factor in this case is the fact that this couple has not previously lived together. This furthers the suspicion that immigration officials would have in this situation, as the relationship and, therefore, the engagement does not appear to be very solidified. This could lead to more suspicion in the future about the nature of this partnership. That being said, fiancees of people who are established in Britain are granted a six month period to visit the country with the purpose of getting married. This does not mean that the couple is able to have a trial marriage in order to test things out, but is rather in place the couple ample time to plan and go through with the marriage. If the marriage is not completed within this six month window, then the person who has not previously lived in the country will be deported. One of the major questions in this case is whether or not Theo is considered a permanent resident in the United Kingdom. Since Theo is a German national, however, he does qualify for this status, as he is a member of the European Union. What this all means is that Ana will be allowed to enter the Britain, pending her Entry Clearance forms being accepted, under the provision that she and Theo live together in a suitable house in the country and are able to support themselves sufficiently. Theo’s occupation could hinder this, however, as pavement artists are not known for making significant amounts of money. Despite this, I would advise Ana that she will be able to enter the country for six months so that she and Theo can get married. She will then be required to apply for permanent resident status after the marriage. The couple will also be monitored about the status of their relationship for the next two years. Part 2 - The United Kingdom has not done enough to ensure that British citizens are able to their family life in the country because they make immigration for these families much too difficult. For example, British citizens who meet other people when they travel abroad and wish to have that person live in Britain with them must go through a great deal of trouble to achieve that goal. Many times, it would be much easier to simply move to the other person’s country of residence in order to be together. Basically, Britain and other European Union countries only wish to have other Europeans immigrate easily to their countries and this could possibly be viewed as a form of racism. In the future, the United Kingdom should incorporate laws that protect families of people from a variety of different backgrounds, as this is the only way to ensure that the government has done enough to effectively take sufficient account of British citizens who wish to maintain their family life in the United Kingdom. The government should not be able to tell a British citizen that he or she cannot live in the country with his or her family because part of living within the free country is being able to habitat there with the family of that person’s choice. By preventing British citizens from living in the country in the manner that they wish to live in and with the family that they have chosen to be with, the government is infringing on the rights of their citizens and this practice should be prevented from occurring. The reason why the British government must incorporate these strict procedures when allowing immigrants into the country is because so many people have taken advantage of the situation in the past. Marriage has always been a way for people to illegally enter countries, as marriages can be arranged for a certain price and, then, the members of the union will separate shortly thereafter. This allows for the member of the outside country to gain access to citizenship and he or she is then able to stay in the country permanently. In order to combat this, the British government has begun implementing measures that will monitor these particular situations. The problem is that these measures do not allow for families to function in a normal manner. For example, immigration officials will now monitor couples when one of the individuals gained entry into the country through the marriage, in order to know for sure that the marriage is a proper one. This can put a strain on certain relationships, as intimate questions are asked to both sides of the relationship, which can cause problems in the future. Since the marriage is under constant scrutiny, both parties can feel uncomfortable about it, which can lead to them questioning each other. While the government would argue that a solid marriage would not be affected by this, it is easy to see how it would, since they are constantly being bothered about the status of the relationship. Another problems with the current British laws is that members of other European Union states are able to travel in and out of the country, and even easily granted permission to live there, while nationals from other countries are not given the same rights. While much of this is because European Union member states share an economic structure and, therefore, immigration does not have the same impact that it would coming from other areas of the world, but this can also be viewed as a racial problem. In many cases, it is much for difficult for people from Asian or Arab countries to gain access into the United Kingdom, as is the case with Kamal. Even though he is married to a British citizen, he would have a very difficult gaining entry into the country because of where he was originally from and where he was married. If a German and a French person were married in The Netherlands, they would be automatically allowed to live in Great Britain because of where they are from, as long as they applied to entry at the same time. If a British person and a Japanese person got married in Japan, however, they would have a much more difficult time gaining entry into the United Kingdom. This has created an unfair situation, as sometimes, people from other European countries can end up with a better family life in the United Kingdom than British citizens, depending on who they choose to marry. Another thing that the British government has done is limit the rights that immigrants from certain countries have while they are in Britain. This is particularly evident when looking at how Romanian and Bulgarian nationals have been treated while they look to Great Britain as a permanent place to live. While they are able to stay in the country, “any Bulgarian or Romanian wanting to work in the UK needs to obtain permission to work before starting any employment. Any Bulgarian or Romanian national who does not do so or anyone found to be employing them risks a draconian financial penalty. In the case of the employees this is £1,000. Those who do not agree to pay the penalty risk criminal conviction by a Magistrates’ Court” (JCWI, “The Accession (Immigration and Worker Authorisation) Regulations 2006" 2006, 2). This means that these people, even though they are allowed to live in the country, are not able to support their families completely, as they are sometimes unable to work. Also, these immigrants would still have a difficult time gaining full rights if they married a British citizen, due to the manner in which they entered the country. In order to amend this problem, Britain should first look into the fact that Europe will need a constant stream of immigrants in order to keep its population at its current level. Therefore, “all who are committed to Europe’s future, and to human dignity, should therefore take a stand against the tendency to make immigrants the scapegoats for social problems. The vast majority of immigrants are industrious, courageous, and determined. They don’t want a free ride. They want a fair opportunity for themselves and their families. They are not criminals or terrorists. They are law-abiding. They don’t want to live apart. They want to integrate, while retaining their identity” (Annan, 2004). While considering this, it is important that those who have married or wish to marry British citizens be given the first chance at entering the country in order to work because this would be the best way for British citizens to have a chance at having the families that they desire within the country. A new policy has recently been implemented regarding fiancees who wish to enter the country. This policy states that “all individuals with some valid leave to remain will now be considered for a Certificate of Approval to marry in a civil ceremony, regardless of the length of time of the initial grant of leave, or the amount of time remaining” (JCWI, “Marriage rules campaign update - Important rule changes for non-EEA fiancés wishing to marry in the UK”, 2006). This new law is currently in the process of being appealed, however, because it still features a significant amount of bias within it, as it is still largely dependant on where the fiancee is coming from. For example, those who do not have a valid reason for being in the country previously, will be forced to re-enter their country of origin before they can apply for residency in the United Kingdom. Also, “spouses of third-country nationals can be refused entry if they do not have valid passports/identity cards,” (Barnard, 2004, 268) which means that the British national is taking a significant risk by attempting to bring a spouse into the country. This is not fair because this British national should be able to marry whomever he or she wishes to marry without being questioned about it and as a British citizen, he or she should be able to reside in the country with the family of his or her choosing. Another manner in which the government has begun to exercise its control over the families of the population of Britain is that it has “the right to refuse the admission of certain wives and children of polygamous marriages” (Lahay 64). While the majority of people would agree with this sentiment, it does interfere with certain citizens of the country maintaining their family life in the UK. If a citizen of the UK wishes to maintain a family with many different partners, then he or she should have that right, even if those partners are not from his country of origin. By implementing these laws, the government is effectively telling the people who they can be with and how many partners they can have, which is not acceptable in a free country. While polygamy is not something that most people would find acceptable, it is a person’s right as a British citizen to be able to live his or her life in this manner if he or she chooses to do so. The immigration laws in the United Kingdom and in the rest of the European Union need to be amended because they create a variety of problems for British citizens. British citizens should be able to live in their own country and be able to choose any spouse, regardless of his or her origin. This is not currently the case, however, as many people have not been allowed into the country by the government, despite the fact that the person is involved in a relationship with a British citizen. While the British government is simply attempting to keep illegal immigrants out of the country by preventing sham marriages, it is doing so at the expense of the rights of its citizens by preventing them from entering into relationships and marriages with whomever they wish to be with, while still living in Great Britain. Basically, a British citizen can marry someone from another European Union country and know for sure that he or she will be permitted to stay in the country, but he or she will not have the same confidence in the situation if he or she is marrying someone from another country. Britain has also prevented certain people who migrate to Britain from maintaining their own family life, as they have placed sanctions on them that prevent them from working in a normal manner and, therefore, from maintaining a normal family. The British government must get around these issues in order to ensure that its citizens are treated fairly and be given the opportunity to married or live with citizens of other countries inside the country of their residence. This is the only way for British citizens to be permitted to maintain the family life of their choosing. Works Cited Annan, Kofi, A. January 29, 2004. "Why Europe Needs an Immigration Strategy”. Viewed May 7, 2007. Barnard, Catherine. 2004. The Substantive Law of the EU. Oxford: Oxford University Press. IAS. January 2006. "IAS Information Leaflet". Viewed May 7, 2007. JCWI. September 19, 2006. "Marriage rules campaign update - Important rule changes for non-EEA fiancés wishing to marry in the UK". Viewed May 7, 2007. JCWI. 2006. "The Accession (Immigration and Worker Authorisation) Regulations 2006". Viewed May 7, 2007. Lahay, Gallya. 2004. Immigration and Politics in the New Europe. Cambridge: Cambridge University Press. Read More