A brief outline of UK Lesbian & Gay Immigration Group
About Us
UK Lesbian & Gay Immigration Group began in 1993, as Stonewall Immigration Group,
when there was no provision in UK immigration rules to allow a foreign person to
live in the UK with their same sex partner and no provision allowing people to claim
asylum on the grounds that they feared or experienced persecution because of their
sexual orientation.
Our service is based in London but we provide assistance to anyone who telephones
our helpline, e mails us or attends our meetings. We are currently funded by membership
fees, donations and a small grant. Although there has been enormous change over
the last 12 years because of the work of the group, we continue to work for fairer
rules in respect to asylum and immigration for lesbians and gay men.
There is currently no other dedicated organisation tackling the multifaceted problems
faced by lesbian and gay asylum seekers in the UK.
History
The UK Lesbian & Gay Immigration Group was created in 1993 as Stonewall Immigration
Group by same sex couples and their lawyers to share information, lobby for change
and inform and advise lesbians and gay men wanting to remain together in the UK
on the basis of their relationship.
In 1992, the process of the politicisation of the issue of immigration rights of
gay and lesbian couples began almost by accident. Each of four couples took independent
decisions that they wished to make an honest, forthright application to the Home
Office for permission to remain together based upon their relationship. Each subsequently
contacted Stonewall Lobby Group, which was not working on the issue of immigration,
but suggested that the four couples and their lawyers, meet to share information
and experiences. Each of the couples concerned consisted of intelligent, articulate
and successful individuals who clearly had a significant contribution to make to
British society and who felt that their case would be treated exceptionally and
the foreign partner would be granted leave to remain in the United Kingdom. At initial
meetings, therefore, there was some wariness about being seen to organise as a lobbying
group or to make it known to the Home Office that they were working with other couples.
The process of politicisation began as the foreign partner in each of these couples
was refused leave to remain and entered the complex system of immigration appeals.
It became clear in time that there was strength in numbers and, rather than continuing
to remain quiet about their existence, the couples formed the Stonewall Immigration
Group, separate from but loosely connected to the Stonewall Lobby Group, for the
purpose of working specifically on the issue of gay and lesbian immigration rights.
From that time until now, the Immigration Group has held monthly meetings where
couples facing immigration problems can come and seek advice and share experiences.
As the Immigration Group began to function more and more effectively, the effect
was that dozens, and eventually hundreds of individuals made applications for the
foreign partner to be granted leave to remain in the United Kingdom. These applications
came from extremely serious, motivated couples who were prepared to fight long and
hard on a matter of principle.
The concerted effort over a period of years by individual couples prepared to dig
in their heels and fight difficult legal battles, by their lawyers who endeavoured
to use every available legal and political method to draw out and pursue their clients’
cases and by the strong political organisational support of the Immigration Group
has achieved a number of changes.
In early 1994 the Immigration Appeal Tribunal decided that the Home Secretary had
improperly responded to two applications made on same sex relationships when he
simply dismissed them as falling outside the Immigration Rules. The highest immigration
court in the United Kingdom was prepared to recognise that a parallel could, and
indeed should, be drawn between the way in which married partners and same sex partners
were treated.
In May 1994, one of the original member couples of the Stonewall Immigration Group
had arranged for their MP to schedule an adjournment debate on their case in the
House of Commons. The then immigration minister admitted, for the first time, that
there might be such a thing as a policy on same sex couples.
The Immigration Group monitored the approach taken by the Home Office and observed
an apparent important change of policy in cases decided after April 1995. From that
time, until May 1997 the group became aware of twenty cases where applications by
the foreign same sex partner were successful. Once some cases began to be favourably
considered, the immigration group had its foot in the door. While the Home Office
continued to remain unprepared to articulate what exactly its current policy was,
lawyers arguing in the courts were able to point to the existence of what appeared
to be an emerging policy.
The Immigration Group engaged in serious lobbying activities in the run up to the
May 1997 general election. In particular, the group sought, and obtained, the commitment
of the Shadow Home Secretary that, if elected, a Labour government would recognise
gay and lesbian relationships for immigration purposes. Once the election was over,
the group lobbied hard to ensure this commitment was kept and within days of the
election obtained the agreement of the immigration minister that all outstanding
appeals relating to unsuccessful same sex relationship applications should be adjourned
until a new policy was in place.
In October 1997 the Unmarried Partners Concession was announced. A concession is
something that is not written in the immigration rules but which immigration officials
follow and implement nonetheless. The concession made it possible for same sex partners
to make application for the foreign partner to remain in the United Kingdom if they
had lived together for four years.
The four-year cohabitation requirement created an impossible stumbling block for
many couples and the Immigration Group continued to lobby and to challenge the policy
through the courts. In June 1999 the Unmarried Partners Concession was amended and
the cohabitation period was reduced to two years.
In October 2000 the Unmarried Partners Concession became an Immigration Rule. This
was an important development as an immigration Rule is a statutory instrument and
of far more importance than a mere concession.
Finally, in November 2004 the Civil Partnership Bill was passed. Once this legislation
came into use in December 2005, it ensured equal immigration rights for same sex couples.
Despite this, same sex couples continue to seek our advice at
monthly meetings, through our telephone helpline and through our
website – all of which are run by volunteers. Although there is
still a need to support and assist lesbians and gay men in same sex
couples where one is a foreign partner, we have to a very large
extent achieved the goals for which the organisation was
established.
This has resulted in a change in the kind of work we are doing.
The Future
We are a well-known and respected organisation with a healthy, established infrastructure
and a wealth of experience and expertise in the field of immigration.
Having finally achieved victory, over 11 years after the group began, we could
have decided
that the group had served its function. However, we felt that
it would be a great shame to waste our many skills and resources and the enthusiasm
that remains in the group. Our expertise, experience and reputation were too valuable
to discontinue the group. We therefore decided that we should meet the challenge
of supporting those with the most pressing immigration need at this time – those
seeking asylum - and began what will no doubt be another long battle by setting
up the lesbian and gay asylum seekers support project.
Aims
The aims of UK Lesbian & Gay Immigration Group are:
To promote equality and diversity in the United Kingdom and in particular the elimination
of discrimination on the grounds of sexual orientation by:
(1) the provision of specialist legal advice and assistance in the field of immigration
law to lesbians and gay men;
(2) raising awareness of any aspects of discrimination in society relating to immigration
issues for lesbians and gay men;
(3) conducting or commissioning research on equality and diversity relating to immigration
issues for lesbians and gay men and publishing the results of the same;
where such action assists same sex couples and those persecuted as a result of their
sexuality.
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