The case of Dr Murrey, an American national, has been the subject of headlines recently. Dr Murrey has commenced a post working for Oxford University, sponsored as a worker under Tier 2 of the Points Based System. Her partner is from Cameroon and has ongoing business matters in the country.

The couples’ two children, aged 4 and 9, presently live with their father and Dr Murrey has been commuting home during university holidays to spend time with her family. It was their intention that she would use her time in the UK to lay some groundwork to make her daughters’ move to the UK smoother such as making sure they had school places and that her husband would join them following this, after his current work project concluded. Hardly an unreasonable plan.

This was scuppered when visas were refused for her daughters to join her as dependents. The Immigration Rules for dependants of Tier 2 migrants mandate the following when a child is coming to join a parent who is a worker:

• Both parents must be lawfully present in the UK or, one is and the other is applying to enter at the same time as the children unless;
  • There is only one surviving parent
  • The parent in the UK can show they are the person with sole responsibility for the children
  • There are other ‘serious and compelling family or other considerations’ which would make it desirable not to refuse the application

This raises a complaint about the current state of the Immigration Rules, and their lack of flexibility.

The Entry Clearance Officer’s application of the rules (based on the limited facts we have available) seems to be correct. This certainly seems daft.

The eules at present do not have any real understanding that there may be circumstances where a family, who very much function as a unit, cannot all live together at the same time. It is not enough that the father in this case would be joining the family at a later point or that there was an understandable reason for his absence. If this matter was to be straightforward, he must be applying at the same time as his daughters.

Whilst it would have been evident at the outset to an immigration advisor that this would be challenging, there was a point in the application being made. The Entry Clearance Officer must always consider the welfare of any child a primary consideration. There would have been an argument to make that, if their mother had prepared for their arrival and made arrangements for their ongoing education that this allowing entry was in the best interests of the children.

There was certainly a discretion to allow for approval on this basis. The problem is that this may not have been seen as ‘serious or compelling’ if the father would not have had issues continuing to accommodate and maintain the children until he was ready to relocate.

The current system for workers in the UK is being reconsidered by the Migration Advisory Committee and a report is due in early 2020. If the UK is to continue to attract skilled workers in a post-Brexit world, we’ll need a system that reflects the varying needs of families. A little flexibility will go a long way in convincing those willing to bring their skills here that they and their families are wanted.

As the Guardian article correctly identified, and as Dr Murrey herself points out, the nationality of the applicants here may be of concern itself.  There have been concerns raised about (although mostly in relation to visit visas) racial bias in terms of which nationalities seem to be refused more than others.