The Government has today announced proposals to crack down on sham and forced marriages. The deadline to response to their consultation paper is 6 October 2011.
Their press announcement states The government has today announced proposals to crack down on sham and forced marriages, as part of a new consultation on better family migration. The consultation also seeks to ensure that family migrants can integrate into society, and opens up debate on Article 8 of the European Convention on Human Rights and the circumstances where the public interest in removing someone from the UK should outweigh the right to respect for family life.
Sham and Forced Marriages
Immigration minister Damian Green said: ‘This consultation is about better family migration – better for migrants, communities, and the UK as a whole. ‘We welcome those who want to make a life here with their family, but too often in the past the family route has been abused as a means to bypass our immigration laws. ‘That includes too many times when we have seen Article 8 used to place the rights of criminals and illegal migrants above the rights of the British public. That balance must be redressed where there is a clear public interest in removing someone from the UK. ‘Our message is clear – we will not tolerate abuses. And if you cannot support your foreign spouse or partner, you cannot expect the taxpayer to do it for you.’
The consultation focuses on stopping abuse, promoting integration and reducing burdens on the taxpayer. Its key proposals include:
- defining more clearly what constitutes a genuine and continuing marriage, to help identify sham and forced marriages
- introducing a new minimum income threshold for sponsors of partners and
- dependants, to ensure that family migrants are adequately supported as a basis for integration – the independent Migration Advisory Committee has been asked to advise on what the threshold should be extending the probationary period before partners can apply for settlement in the UK from 2 years to 5 years, to test that relationships are genuine and to encourage integration into British life
- requiring partners and adult dependants aged under 65 to demonstrate that they can understand everyday English (B1 level on the Common European Framework for Languages) when they apply for settlement
- exploring the case for making ‘sham’ a lawful impediment to marriage in England and Wales, and for giving the authorities the power to delay a marriage where sham is suspected
- working closely with local authorities to ensure that vulnerable people are not forced into marriage
- reviewing the full right of appeal for family visitor visas, and inviting views on whether there are circumstances (beyond race discrimination and human rights grounds) in which an appeal right should be retained.
In 2010, 48,900 visas were granted to people on the family route. Of these, 40,500 were granted on the basis of a marriage or civil or other partnership, and 8,400 were granted to other dependants. At present, anyone who is refused a family visitor visa has the right of appeal. In 2009/10, these appeals – which were often based on new information which should have been submitted with the original application – made up approximately 40 per cent of all immigration appeals and cost around £40 million. To reduce the financial burden on the taxpayer, and deliver an appropriate system for applicants, the government is reviewing this right of appeal. Appeals based on grounds of race discrimination and the European Convention on Human Rights will continue to be allowed, but the government is inviting views on whether an appeal right should be retained for family visitor visas in other circumstances.
disc to arrive in the post. However, since the process has moved online this five-day period has been removed, which means you need to have valid car tax
from the moment you drive your vehicle on public roads." } }, { "@type": "Question", "name": "Do you get points on your licence for no road tax?", "acceptedAnswer": { "@type": "Answer", "text": "No, the punishment for driving without road tax does not include penalty points on your licence. If you’re caught driving without valid VED,
an automated letter and a fine will be sent to the address of the registered keeper of the vehicle, which is likely to be you. The letter will tell you how
much you have to pay and how quickly you have to make the payment. You may be eligible for a discount if you pay the fine within a certain amount of time –
usually 28 days." } }, { "@type": "Question", "name": "What is the fine for driving without tax?", "acceptedAnswer": { "@type": "Answer", "text": "If you’re caught driving without valid VED, an automated letter and a fine will be sent to the address of the registered keeper of the
vehicle, which is likely to be you. The letter will tell you how much you have to pay and how quickly you have to make the payment. You may be eligible for a
discount if you pay the fine within a certain amount of time – usually 28 days." } }, { "@type": "Question", "name": "Does having no tax invalidate your insurance?", "acceptedAnswer": { "@type": "Answer", "text": "If your car doesn’t have tax then you can’t legally drive it on UK roads. This means that any insurance policy you have taken out for your car
will be invalidated." } } , { "@type": "Question", "name": "What happens to road tax when a car is sold?", "acceptedAnswer": { "@type": "Answer", "text": "It used to be possible to simply transfer road tax over to the new owner when selling a car. However, since 2014 the law has changed meaning
you can no longer do this. Instead, the DVLA will refund any remaining months of car tax to the previous owner, meaning that when you buy a used car you will
need to arrange road tax right away." } } ,
{ "@type": "Question", "name": "Can speed cameras detect no tax?", "acceptedAnswer": { "@type": "Answer", "text": "Generally speaking, speed cameras are there solely to catch motorists breaking the law by driving over the speed limit and don’t have the
technology to catch drivers without tax. However, there are some cameras that do have the capability to check registration numbers against DVLA records for
road tax and insurance. These are called ANPR cameras, which stands for Automatic Number Plate Recognition. These cameras can be fixed or mobile and can
catch motorists driving without valid tax, insurance and MOT." } } , { "@type": "Question", "name": "Can ANPR detect no tax?", "acceptedAnswer": { "@type": "Answer", "text": "Put simply, yes. ANPR (Automatic Number Plate Recognition) cameras are operated by both local police forces and Highways England. They
automatically check registration plates against databases held by both the police and the DVLA. As well as seeing whether vehicles have been used in any
criminal activities, they can also check if the vehicle has valid road tax, insurance and an MOT." } } , { "@type": "Question", "name": "Can I tax my car while waiting for my log book?", "acceptedAnswer": { "@type": "Answer", "text":"Yes. If your log book (also known as a V5C) has been lost, damaged or stolen and you’re waiting for a new one to be delivered, you can still
tax your car by visiting your local Post Office. You can also apply for a new V5C at the Post Office." } }] }
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
