Office of the Childrens Commissioner

Exploring the impact of Family

Migration Rules on children and young
people

Questionnaire for parents of children affected
by the family migration rules
















About the Office of the Childrens Commissioner

The Office of the Childrens Commissioner (OCC) is a national public sector
organisation led by the Childrens Commissioner for England, Dr Maggie
Atkinson. We promote and protect childrens rights in accordance with the
United Nations Convention on the Rights of the Child and, as appropriate,
other human rights legislation and conventions.
We do this by listening to what children and young people say about things
that affect them and encouraging adults making decisions to take their views
and interests into account.
We publish evidence, including that which we collect directly from children
and young people, bringing matters that affect their rights to the attention of
Parliament, the media, children and young people themselves, and society at
large. We also provide advice on childrens rights to policy-makers,
practitioners and others.
The post of Childrens Commissioner for England was established by the
Children Act 2004. The Act makes us responsible for working on behalf of all
children in England and in particular, those whose voices are least likely to be
heard. It says we must speak for wider groups of children on the issues that
are not-devolved to regional Governments. These include immigration, for the
whole of the UK, and youth justice, for England and Wales.
The Children and Families Act 2014 changed the Childrens Commissioners
remit and role. It provided the legal mandate for the Commissioner and those
who work in support of her remit at the Office of the Childrens Commissioner
to promote and protect childrens rights. In particular, we are expected to
focus on the rights of children within the new section 8A of the Children Act
2004, or other groups of children whom we consider are at particular risk of
having their rights infringed. This includes those who are in or leaving care or
living away from home, and those receiving social care services. The Act also
allows us to provide advice and assistance to and to represent these children.

Our vision
A society where children and young peoples rights are realised, where their
views shape decisions made about their lives and they respect the rights of
others.

Our mission
We will promote and protect the rights of children in England. We will do this
by involving children and young people in our work and ensuring their voices
are heard. We will use our statutory powers to undertake inquiries, and our
position to engage, advise and influence those making decisions that affect
children and young people.

3
Letter from the Childrens Commissioner for
England, Dr Maggie Atkinson

Dear parent,

When the immigration rules were changed in July 2012, I and the three other
UK nations Childrens Commissioners wrote to the Immigration Minister to
express our deep concerns about how the changes would impact on children
and young people.

Following the All Party Parliamentary Group on Migrations report into the
operation of the Family Migration Rules, at whose launch I spoke, we received
a significant amount of moving correspondence from parents detailing the
impact that the new Rules were having on their family life and in particular on
their children. After this I wrote to the Immigration Minister setting out how a
childs fundamental right to be brought up by both parents, unless such an
upbringing could be proven not to be in the childs best interests, was being
breached by the rules. Unfortunately the Ministers response did not address
my concerns but merely repeated the Governments position.

On the evidence I have seen, I consider that the Family Migration Rules need
to undergo a thorough and formal review in order to ensure that the best
interests of children are a primary consideration.

I know many of you will be deeply disappointed that recently the Court of
Appeal did not uphold the High Courts ruling in the MM case. However, this
cannot mark the end of all of necessary efforts to achieve a just settlement for
families who are, or who will be, divided by the implementation of these rules.

If you can find the time to assist my Office by completing this questionnaire
you will contribute to a study whose recommendations will need to be
addressed by an incoming Government in 2015. Your co-operation is
therefore greatly appreciated.





Dr Maggie Atkinson
Childrens Commissioner for England





The questionnaire

The Office of the Childrens Commissioner is undertaking a study to explore the
impact on children and young people of the changes to the Family Migration Rules
which came into force on 9 July 2012. The study will be in three parts:

Phase 1 will consist of a questionnaire (below) which seeks to explore the
views and experiences of families who have been affected.

Phase 2 will analyse both policy and practice, and how they may both impact
on childrens rights. It will also look at how the Rules impact the economy.

Phase 3 will consist of a qualitative study with children and families to explore
the impact the Rules are having on them.

When the study is completed we will publish a report with recommendations to
which, by law, the Government must respond. The information we collect from the
questionnaire will form part of the final report. It will also inform the
recommendations we will make to the Government within the report.

If you are the parent, step-parent or legal guardian of a child under 18 affected by the
change in the Rules we would very much like you to complete the questionnaire
below.

This questionnaire is confidential. We will anonymise all the responses provided, and
remove any identifiable information. All documents will be handled and stored in a
secure and encrypted format (our submission guidance is attached).

When reporting the findings of the questionnaire we will summarise and/or
paraphrase what is written. However, in some cases we may quote some of the
responses. If you do not wish to be quoted, please mark x in this box


Please fill in only one form per couple/family.










5
Part 1
To be completed by the partner who is a British citizen or permanently settled in the UK
please tell us about yourself

1. Are you: (please mark x next to the appropriate category)
A British Citizen
1a

Permanently settled in the UK
1b


2. Please mark x next to the age group you fall into:
18 24
2a

25 34
2b

35 44
2c

45 54
2d

55 64
2e

65 74
2f

75+
2g


Prefer not to say
2h


3. Please tell us your gender (please mark x next to appropriate category):
Male
3a

Female
3b

Transgender
3c
Other: Please elaborate here
3d

Prefer not to say

3e


4. Please tell us your ethnicity (please mark x next to the appropriate category and specify
where appropriate)
White British
4a

White other: (Irish/Gypsy or Irish Traveller/Other). Please specify here:

4b

Mixed/Multiple ethic groups: (White and Black Caribbean/White and Black
African/White and Asian/Other). Please specify here:

4c

Asian: (Indian/Pakistani/Bangladeshi/Chinese/Other) Please specify here:


4d

Black: (African/Caribbean/Other) Please specify here:


4e

Other: (Arab/Other). Please specify here:


4f

Prefer not to say
4g


5. Please tell us your current nationality and country of birth (please specify next to the
appropriate category):

Nationality. Please specify here:
5a
Country of Birth. Please specify here:


5b
Prefer not to say
5c

7
6. Do you have a disability? (please mark x next to the appropriate category)
Yes. Please elaborate here:

6a

No
6b

Prefer not to say
6c

7. What is your level of educational attainment: (please mark x next to the appropriate
category)
None
7a

Equivalent of primary school
7b

Equivalent of secondary school education
7c

University Degree (BSc, BA) or high vocational qualification
7d

Masters level (MSc, MA, MRes, MPhil) or postgraduate professional
7e

PhD
7f

Prefer not to say
7g


8. Current employment status (please mark x next to the appropriate category)
Employed permanent full-time
8a

Employed fixed term fulltime
8b

Employed permanent part-time
1

8c

Employed fixed-term part-time
8d

Self-employed
8e

Unemployed
8f

Prefer not to say
8g

9. What is your occupation? (please specify below)
Please specify here:

9a


Prefer not to say
9b


10. What is your income (UK or local currency) (please specify where below)
Please specify here:

10a

Prefer not to say
10b



1
16 hours of employment a week and under
9
11. What is your country of residence (please mark x next to the appropriate category and
specify where appropriate)
UK: Please select which region (North East, North West, Yorkshire and
Humber, West Midlands, East Midlands, East of England, London, South West
and South East)
11a

Non-UK EEA country: Please specify here:
11b

Non-EEA country: Please specify here:
11c

Prefer not to say
11d


Please now tell us about your and/or your partners children

12. Please specify below
How many dependent children do you and your partner have altogether:

12a

How many dependent children do you have with your partner:

12b

How many dependent step-children do you have:

12c




13. For each of the children in question 12 please provide the following information:

Child 1

Age in years and months at 1 September 2014:

13c1a

Gender:

13c1b

Nationality/Nationalities:



13c1c

Do they have a disability? Yes/no/prefer not to say
If yes please specify here:


13c1d

Who is the child living with:

13c1e

What is the childs current country of residence:

13c1f



11
Child 2 (repeat as above)

Age in years and months at 1 September 2014:

13c2a

Gender:

13c2b

Nationality/nationalities:

13c2c

Do they have a disability? Yes/no/prefer not to say
If yes please specify here:

13c2d

Who is the child living with:

13c2e

What is the childs current country of residence:

13c2f



Child 3 (repeat as above)

Age in years and months at 1 September 2014:

13c3a

Gender:

13c3b

Nationality/nationalities:

13c3c

Do they have a disability? Yes/no/prefer not to say
If yes please specify here:

13c3d

Who is the child living with:

13c3e

What is the childs current country of residence:

13c3f



13
Child 4 (repeat as above)

Age in years and months at 1 September 2014:

13c4a

Gender:

13c4b

Nationality/nationalities:


13c4c

Do they have a disability? Yes/no/prefer not to say
If yes please specify here:


13c4d

Who is the child living with:

13c4e

What is the childs current country of residence:

13c4f



Please complete a separate sheet for any additional children.










Part 2
To be completed by the partner who is not a British citizen or permanently settled in the
UK please tell us a bit about yourself

14. Are you: (please mark x next to the appropriate category)
Permanently settled in the UK
14a

In the UK but on a temporary visa: Please specify here
14b

Not in the UK
14c


15. Please mark x next to the age group you fall into:
18 24
15a

25 34
15b

35 44
15c

45 54
15d

55 64
15e

65 74
15f

75+
15g

Prefer not to say
15h

16. Please tell us your gender: (please mark x next to the appropriate category and elaborate
where appropriate)
Male
16a

Female
16b

Transgender
16c
Other: Please elaborate here


16d


Prefer not to say
16e



15
17. Do you have a disability? (please mark x next to the appropriate category and elaborate
where appropriate)
Yes. Please elaborate here:

17a

No
17b

Prefer not to say
17c


18. What is your level of educational attainment: Please mark x next to your highest level of
attainment
None
18a

Equivalent of Primary School Education
18b

Equivalent of Secondary School Education
18c

University Degree (BSc, BA)
18d

Masters level (MSc, MA, MRes, MPhil)
18e

Postgraduate (PhD, Doctorate)
18f

Prefer not to say
18g


19. What is your current employment status (please mark x next to the appropriate category)
Employed permanent full-time
19a

Employed fixed term fulltime
19b

Employed permanent part-time
2

19c

Employed fixed-term part-time
19d

Self-employed
19e

Unemployed
19f

Prefer not to say
19g


2
16 hours of employment a week and under
20. Please tell us your nationality
Please elaborate here/Prefer not to say:


20


21. What is your occupation?
Please elaborate here/Prefer not to say


21



22. What is your income (UK or local currency)
Please elaborate here/Prefer not to say


22






17
Part 3

Visa applications

The questions in the following section all relate to applications made after the new Family
Migration Rules came into effect on 9

July 2012.

23. Have you or your partner applied to enter or remain in UK on the basis of being a spouse
or partner of a person who is either a British Citizen or settled in the UK? (please mark x
next to the appropriate category)
Yes please go to question 27
23a


No please go to question 24

23b


Non-spousal partner route application

24. If you/your partner have not applied to enter or remain in the UK as a spousal partner,
have you /your partner applied to enter or remain in the UK in any other capacity? (please
mark x next to the appropriate category and elaborate where appropriate)
Yes: Please elaborate here

24a



No: Please elaborate here


24b





25. Was your application successful? (please mark x next to the appropriate category and
elaborate where appropriate)
Yes: Please state how many successful applications have been made since 9July
2012 here





25a



No: Please summarise the reasons given for refusing the application(s) here



25b


Pending outcome unknown
25c

26. Where was the initial application(s) made to? (please mark x next to the appropriate
category and elaborate where appropriate)
Entry Clearance Office/Post: Name of country and town or city


26a


Other: Please elaborate here




26b


Spousal Partner Route Application

27. Please provide dates next to the most appropriate categories for when the initial
application was made and decided:
Made
27a


Decided
27b


Pending



27c

28. Was the initial application successful? (please mark x next to the appropriate category
and elaborate where appropriate) In order to fully understand this process and its impact it
would be extremely useful to analyse the correspondence from the Home Office. If
possible, we would really appreciate it if you could share the responses from the Home
Office you have received by sending us a copy of the decision letter for analysis
(please see submission guidance document).

Yes
28a

No: If you are not able to submit the responses from the home office, please
summarise the reasons given here













28b

Decision pending outcome unknown
28c
19

29. If your application was refused did you ask for an administrative review? (please mark x
next to the appropriate category)
Yes
29a


No
29b


30. If your application was refused has an appeal against the refusal been made to the
Immigration and Asylum Chamber of the First Tier Tribunal? (please mark x next to the
appropriate category)
Yes
30a


No
30b


31. Was the appeal successful? (please mark x next to the appropriate category and elaborate
where appropriate). In order to fully understand this process and its impact it would be
extremely useful to analyse the correspondence from the Tribunal, if possible, we would
really appreciate it if your could share any determination of the appeal you have
received by sending us a copy of the determination record from the Tribunal for
analysis
Yes
31a


No: If you are not able to submit the determination records from the Judge
please summarise the reasons given here:







31b

Decision pending
31c

32. Have you made a further appeal to the Upper Tribunal?

Yes
32a


No
32b



33. Was the appeal successful? (please mark x next to the appropriate category and elaborate
where appropriate) In order to fully understand this process and its impact it would be
extremely useful to analyse the correspondence from the Tribunal, if possible, we would
really appreciate it if you could share any determination of the appeal you have
received by sending us a copy of it for analysis
Yes
33a


No: If you are not able to submit the determination records from the Judge,
please summarise the reasons given here














33b

Decision pending



33c



21
Part 4
The impact of the Family Migration Rules on you and your family

34. How often do your children have contact with their absent parent? How frequent and what
kind?
Please elaborate here (please include details of the regularity of type of contact):



34



35. How have the Family Migration Rules impacted on: (please mark x next to the
appropriate category and elaborate where appropriate)
Child care and living costs. Please elaborate here:





35a

Your child(ren)s development, health and wellbeing. Please elaborate here:




35b

Your child(ren)s behaviour. Please elaborate:



35c
Your child(ren)s relationship with you and your partner. Please elaborate:


35d
Your child(ren)s relationship with you and your partners parents and other
close relations: Please elaborate:



35e
36. Do you receive any support from: (please mark x next to the appropriate category and
elaborate where appropriate)

Your family. Please elaborate on what kind of support here:






36a


Your friends. Please elaborate on what kind of support here:











36b


Other. Please elaborate:



36c

37. How do you intend overcoming the problems you are facing in order to live together as a
family?
Please elaborate here:

37


38. How did you get hold of this questionnaire?
BritCits

38e
X


23
We would like to hear from children and young people about how they feel about
living away from one of their parents. We will be conducting an in depth
qualitative piece of research with children and young people affected by the
Family Migration Rules. If your child would like to take part in this study, please
register your interest by marking x in the box and provide us with your contact
details below.
Contact details:






Thank you for taking part in our questionnaire. Your input will contribute to the
recommendations we will make to Government.
Guidance on submitting the questionnaires and attachments
We request that, if possible, your submission and any questions are made
electronically via email to research.network@childrenscommissioner.gsi.gov.uk.

This will assist with assuring both data security and analysis of your responses.
The Office of the Childrens Commissioner has a Research Strategy which sets out
our ethics procedure and approach to data security:

Instructions for electronic submission
1. Place all documents you are submitting into a folder
2. Winzip and password protect the folder. This video provides instructions on how to
use winzip and to password protect it.
3. Attach the zipped folder to your email and email
research.network@childrenscommissioner.gsi.gov.uk
4. Email the password to research.inquiry@childrenscommissioner.gsi.gov.uk

Instructions for postal submission
1. Place paperwork in an envelope
2. Mark the envelope as Private and confidential
3. Place the envelope in another envelope
4. Mark this as Private and confidential
5. Post it to, and for the personal attention of:

Adrian Matthews and Sandra Gulyurtlu
Office of the Childrens Commissioner Sanctuary Buildings 20 Great Smith Street
London SW1P 3BT

Please return completed questionnaire by 9.00am on Monday 1 September 2014