Could UK spouse visas be affected by Article 8 review?

04 Jul 2011 | Posted by Carl Thomas

Immigration rules governing an individual's right to a family, which could affect people seeking UK spouse visas, are set to be reviewed by the Home Office.

Article 8 of the immigration policy relates to the European Convention on Human Rights and states that people have the right to a family. It has been used in a number of recent court cases in which judges have granted UK visas and permission to remain in the country because to force the migrant from the country would put their family life at risk.

One such case is that of a Barundi asylum seeker who won permission to bring her children to the UK. After the Home Office lost her paperwork, she was granted indefinite leave to remain along with her dependants, the Sunday Telegraph reported. Permission is not usually granted to dependants, but was allowed in this case under Article 8.

Critics believe that the article is a legal loophole being used to fight deportation at a time when the British government is becoming increasing tough on UK immigration.

A spokesman for the Home Office told the BBC: "We are going to consult on the family route shortly and look at what requirements we should place on foreign nationals who wish to establish a family life in the UK."

He added that Article 8 "does not give an absolute right to remain here", noting that earlier cases do not set any precedent.