Immigration Policy

11^th Floor Apollo House

36 Wellesley Road

Croydon

Surrey

CR9 3RR

www.ukba.homeoffice.gov.uk

Colin Yeo

By email Our ref: FOI 12021

20 July 2009

Dear Mr Yeo

Thank you for your email of 26 May where you have requested information about progress on proposals outlined in `Marriage Visas: The way forward'. This falls to be dealt with under the Freedom of Information Act 2000.

You asked about the timetable for introducing agreements for foreign spouses to learn English and why no statement of intent has been published. We said in `Marriage Visas: The way forward' that we would work to identify the most effective way for migrants to demonstrate and evidence their plans as part of their visa application and that we would carry out a full assessment of the proposals. We said that we would publish a Statement of Intent by Autumn 2008. However, work is still ongoing on developing this policy and further details will be published in due course.

You asked what changes had been made to the system for investigating allegations of abuse of the marriage route and, if none yet made, what changes are planned and the timetable for such changes. Work is ongoing in this area; we are continuing to look at the process for handling allegations and considering policy development.

On the question of what information and advice is available to sponsors, the UK Border Agency website has been updated to include a consolidated family members section. This includes information about Forced Marriage, including the role of the Forced Marriage Unit and how to contact them, guidance from the Forced Marriage Unit and information about Forced Marriage Protection Orders. This section of the website will be of use not just to victims of forced marriage, but any family members seeking general information such as the new marriage visa age, how to apply for a certificate of approval, how to apply for a visa or indefinite leave to remain, and how to withdraw sponsorship if their relationship permanently breaks down. The family members section of the website can be found at http://www.ind.homeoffice.gov.uk/partnersandfamilies/

The Forced Marriage Unit has published a revised set of multi-agency practice guidelines for frontline professionals (such as teachers, police officers, social and health care professionals, housing officers) to help them to work more closely together and to better identify and protect children and adults at risk of forced marriage. The revised guidelines replace the existing individual guidelines, which were tailored for specific professionals and now brings these together into one single document. This may be found at http://www.fco.gov.uk/en/fco-in-action/nationals/forced-marriage-unit/

You asked about the review of evidence required for an application for indefinite leave to remain on the basis of marriage. The review was completed last year and new requirements were put in place with effect from 18 August 2008. The change reduces the number of documents required from twenty to six. The new requirements are set out on the SET(M) application form which can be found on the UKBA website at http://www.ind.homeoffice.gov.uk/sitecontent/applicationforms/settlement/formsetm042009.pdf

In Marriage Visas: The Way Forward we set out our intention to introduce a sponsor declaration requirement. You asked the timetable for introducing this change and about publication of a Statement of Intent. This requirement has not yet been introduced as work is still ongoing in developing this policy. Further details will be published in due course.

Finally, you asked about publication of the Code of Practice. The information that you have asked for is already accessible to you as it is in the public domain. It can be accessed on UKBA's website at

http://www.ind.homeoffice.gov.uk/sitecontent/documents/policyandlaw/IDIs/idischapter8/section1/annexa2.pdf

Section 21 of the Freedom of Information Act absolves UKBA as part of the Home Office from any duty that it would otherwise have to supply you with this information on the grounds that it is already in the public domain. However, should you have any difficulties in accessing this information through the means listed above please do not hesitate to contact me again quoting the reference number supplied above.

If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint within two months to the below address quoting reference FOI No 12021:

Information Access Policy Team

(Freedom of Information Team)

UK Border Agency

11th Floor - Short Corridor

Lunar House

40 Wellesley Road

Croydon

CR9 2BY

During the independent review the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.

Yours sincerely,

Freedom Of Information Team

UKBA