Gérer la citoyenneté, la sécurité et les droits: comprendre la régulation de la migration de mariage en Europe et en Amérique du Nord.
The tension between the right to family reunification as laid down in European Directives and Member States’ concern to protect their sovereignty in regulating migration has resulted in growing attention to and concern about fraudulent family relationships (especially marriages of convenience). This contribution addresses the question of what forms of control are permissible from a European law perspective and whether national practices are in conformity with European law and fundamental rights.
The UK government is considering allowing other forms of financial support - other than the sponsoring spouse's income - to be included for the purpose of the minimum income requirement, in some circumstances. Thus, the decision-maker could consider the minimum income requirement met if other sources of income, financial support or funds are taken into account.
From academic, policy, and sponsors’ perspectives, what is known about the private sponsorship of refugees in Canada? Since its inception in the 1970s, the federal government has enabled the private sponsorship of tens of thousands of refugees across the country. From the outset, the government pledged to resettle one refugee for every privately sponsored individual when the program was first introduced. Yet government plans for 2017 suggest there will be more privately sponsored refugees than government-assisted refugees. Riding a current wave of positive public opinion and high level of engagement in refugee sponsorship by private citizens in Canada, this brief provides a critical overview of what is known about private refugee sponsorship; identifies some gaps and areas of concern; and analyzes in brief negative impacts of policy changes to PSR processing made over the last five years.
C’est avec un immense plaisir que nous vous annoncons la parution du premier rapport de recherche réalisé dans le cadre du projet Migration de mariage et technologies de l’amour: comprendre la gouvernementalité de la migration de mariage en Europe et en Amérique du Nord dirigé par Anne-Marie D’Aoust, professeure au département de sciences politiques et membre du CRIEC de l’Université du Québec à Montréal.
Several new guidance documents on EU law free movement cases have been published by the Home Office over the last few days.
Une mesure édictée sous le gouvernement Harper leur fait risquer l'expulsion du pays en cas de rupture avec leur conjoint
Immigration Minister John McCallum says he’s planning on introducing changes in the “next couple of months” that will grant permanent resident status to the sponsored spouses of Canadians, immediately, upon arriving in Canada.
“When spouses come in now, they don’t immediately become permanent residents; there’s a two-year period where they are not yet permanent residents,” Mr. McCallum (Markham-Thornhill, Ont.) said in an interview with The Hill Times. “We said in our platform that we will end that so that they will become permanent residents on arrival.”
Under the EU citizens’ Directive, currently EU citizens can bring with them to another Member State their spouse or partner, the children of both (or either) who are under 21 or dependent, and the dependent parents of either. This applies regardless of whether the family members are EU citizens or not. No further conditions are possible, besides the prospect of a refusal of entry (or subsequent expulsion) on grounds of public policy, public security or public health (on which, see below).
In principle EU law does not apply to UK citizens who wish to bring non-EU family members to the UK, so the UK is free to put in place restrictive rules in those cases (which it has done, as regards income requirements and language rules). However, the CJEU has ruled that UK citizens can move to another Member State and be joined by non-EU family members there, under the more generous rules in the EU legislation.
According to IPS estimates, non-EU family migration to the UK increased from an average of 35,000 per year in the 1990s to 45,000 in 2013, or 20% of all non-EU immigration that year. These estimates include both dependents and family unification migrants. Family migration, like overall migration to the UK, increased from 1997 to the mid-2000s, peaking at 74,000 in 2006 (see figure 1). Also similar to other categories of migration, family migration declined in the second half of the 2000s. But these shifts in family migration were smaller in magnitude than similar shifts in migration for work or study. As a result of these trends, family migration comprises a smaller share of overall migration now than it did in the 1990s (see our the Migration Observatory briefing on Immigration by Category: Workers, Students, Family Members, Asylum Applicants). Although this briefing focuses on non-EU migration, it is worth noting that, including EU nationals, family migration is now at similar levels to the 1990s. LTIM estimates of family migration were 90,000 in 1991 and averaged 75,000 during the 1990s. LTIM estimates had increased to 105,000 by 2006 but fell to 71,000 in 2013.
My colleague David North recently wrote a thought-provoking blog about American citizens who become victimized by what might fairly be called one-sided marriage frauds — marriages where they wed for love and don't realize that, from the alien spouse's point of view, it's a loveless marriage conceived of for the sole purpose of obtaining a green card.