Duncan Lewis


Asylum, Detention/ Fast Track

Managed Migration, Public Law

Those who bring their foreign spouse and a kid to the UK is expected to have £20000 in savings to avoid falling on benefits a new plan has been unveiled by the Home Secretary.

Date: (11 June 2012)    |    

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The Home Secretary Theresa May has told BBC that, to balance the interests of prisoners and the wider general public, judges must take into account the views of Parliament before deciding on prisoner’s deportation.
Ms May is going to call for a vote this week on the issue.
The rule of right to family life which is enshrined in the European law has seen hundreds of foreign criminals being allowed to stay in Britain or having their deportation delayed.
The Home Secretary said the Government was prepared to bring in new laws if judges ignored the views of Parliament, which would see her set towards a collision course with the judiciary.
This discussion had come when Mrs May unveiled plans to stop people bringing their spouses to live in Britain unless they have at least £18,000 in savings.
For every foreign child, an additional £2,400 is required to the balances to stop families becoming dependent on benefits.
This is another attempt of the Tory government at helping to reduce immigration from the hundreds of thousands to tens of thousands a year.
Migrants wanting to settle in the UK are also facing language tests for integration.
The move is likely to be seen as a direct challenge to the judges who have previously interpreted Article 8 through the development of case law.
According to Home Office figures, last year 185 foreign prisoners successfully appealed against deportation after citing the right to family life.
However officials made clear that if the courts failed to heed the views of Parliament, ministers could bring in new legislation to enforce their wishes.
The Sunday Times quoted a Government aide as saying the courts were expected to listen but if they didn’t then new legislations would be brought in.
The Government is initiating to impose a new financial independence rule which would stop spouses, children and other dependents of migrants coming into the country and live on benefits.
Immigration Minister Damian Green said shortly a major overhaul of the existing family migration rules would be announced which would reduce burdens on the taxpayer, promote integration and tackle abuse.
'The reforms will protect the British public from foreign criminals who try to abuse human rights laws to avoid deportation he added.