children's commissioner questionnaire

8/12/2019 Children's Commissioner Questionnaire

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Office of the Childrens Commissioner

Exploring the impact of FamilyMigration Rules on children and young

people

Questionnaire for parents of children affected

by the family migration rules


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About the Office of the Childrens Commissioner

The Office of the Childrens Commissioner (OCC) is a national public sectororganisation led by the Childrens Commissioner for England, Dr MaggieAtkinson. We promote and protect childrens rights in accordance with theUnited 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 thingsthat affect them and encouraging adults making decisions to take their viewsand interests into account.

We publish evidence, including that which we collect directly from childrenand young people, bringing matters that affect their rights to the attention ofParliament, the media, children and young people themselves, and society atlarge. We also provide advice on childrens rights to policy-makers,practitioners and others.

The post of Childrens Commissioner for England was established by theChildren Act 2004. The Act makes us responsible for working on behalf of allchildren in England and in particular, those whose voices are least likely to beheard. It says we must speak for wider groups of children on the issues thatare not-devolved to regional Governments. These include immigration, for thewhole of the UK, and youth justice, for England and Wales.

The Children and Families Act 2014 changed the Childrens Commissionersremit and role. It provided the legal mandate for the Commissioner and thosewho work in support of her remit at the Office of the Childrens Commissionerto promote and protect childrens rights. In particular, we are expected tofocus on the rights of children within the new section 8A of the Children Act2004, or other groups of children whom we consider are at particular risk ofhaving their rights infringed. This includes those who are in or leaving care orliving away from home, and those receiving social care services. The Act alsoallows 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 theirviews 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.


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Letter from the Childrens Commissionerfor

England, Dr Maggie Atkinson

Dear parent,

When the immigration rules were changed in July 2012, I and the three otherUK nations Childrens Commissioners wrote to theImmigration Minister toexpress our deep concerns about how the changes would impact on childrenand young people.

Following the All Party Parliamentary Group on Migrations report into theoperation of the Family Migration Rules, at whose launch I spoke, we receiveda significant amount of moving correspondence from parents detailing theimpact 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 achilds fundamental right to be brought up by both parents, unless such anupbringing could be proven not to be in the childs best interests, was beingbreached by the rules. Unfortunately the Ministers response did not addressmy concerns but merely repeated the Governments position.

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

I know many of you will be deeply disappointed that recently the Court ofAppeal did not uphold the High Courts ruling in the MM case. However, thiscannot mark the end of all of necessary efforts to achieve a just settlement forfamilies 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 questionnaireyou will contribute to a study whose recommendations will need to beaddressed by an incoming Government in 2015. Your co-operation istherefore greatly appreciated.

Dr Maggie Atkinson

Childrens Commissioner for England


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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 theviews and experiences of families who have been affected.

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

Phase 3 will consist of a qualitative study with children and families to explorethe 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 asecure 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.


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Part 1To 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 UK1b

2. Please mark xnext to the age group you fall into:

1824

2a

2534

3544

c

4554

2d

5564

e

6574

75+

2g

Prefer not to say

2h

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

Male

a

Female

Transgender

3c

Other: Please elaborate here

3d

Prefer not to say

3e


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4. Please tell us your ethnicity (please mark x next to the appropriate category and specify

where appropriate)

White British

a

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

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 theappropriate category):

Nationality. Please specify here: a

Country of Birth. Please specify here:

Prefer not to sayc


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6. Do you have a disability? (please mark x next to the appropriate category)

Yes. Please elaborate here:

a

No

6b

Prefer not to say

6c

7. What is your level of educational attainment: (please mark x next to the appropriate

category)

None

a

Equivalent of primary school

7b

Equivalent of secondary school education

7c

University Degree (BSc, BA) or high vocational qualification

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

e

PhD

7f

Prefer not to say

g


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8. Current employment status (please mark x next to the appropriate category)

Employed permanent full-time

a

Employed fixed term fulltime

Employed permanent part-time1

8c

Employed fixed-term part-time

8d

Self-employed

e

Unemployed

8f

Prefer not to say

8g

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

Please specify here:a

Prefer not to say

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

Please specify here:a

Prefer not to say

116 hours of employment a week and under


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11.What is your country of residence (please mark x next to the appropriate category andspecify where appropriate)

UK: Please select which region (North East, North West, Yorkshire andHumber, West Midlands, East Midlands, East of England, London, South West

and South East)

a

Non-UK EEA country: Please specify here:

11b

Non-EEA country: Please specify here:

c

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:

How many dependent step-children do you have:

c


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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:

c

Nationality/Nationalities:

13c1c

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

c

Who is the child living with:

c e

What is the childs currentcountry of residence:

13c1f


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Child 2 (repeat as above)


c a

Gender:

13c2b

Nationality/nationalities:

c c


c


13c2e

What is the childs current country of residence:

c


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c a

Gender:

13c3b


c c


c


13c3e


c


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c a

Gender:

13c4b


c c


c


13c4e


c

Please complete a separate sheet for any additional children.


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Part 2To be completed by the partner who is not a British citizen or permanently settled in the

UKplease tell us a bit about yourself

14.Are you: (please mark x next to the appropriate category)

Permanently settled in the UK14a

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:

1824

15a

2534

15b

3544

15c

4554

15d

5564

15e

6574

15f

75+

15g

Prefer not to say

15h

16.Please tell us your gender: (please mark x next to the appropriate category and elaboratewhere appropriate)

Male

16a

Female

16b

Transgender

c

Other: Please elaborate here16d

Prefer not to say

e


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17.Do you have a disability? (please mark x next to the appropriate category and elaboratewhere appropriate)

Yes. Please elaborate here:

a

No

17b

Prefer not to say

c

18.What is your level of educational attainment: Please mark xnext to your highest level ofattainment

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

g

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-time2

19c

Employed fixed-term part-time

19d

Self-employed

19e

Unemployed

19f

Prefer not to say

19g

216 hours of employment a week and under


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20.Please tell us your nationality

Please elaborate here/Prefer not to say:

21.What is your occupation?

Please elaborate here/Prefer not to say21

22.What is your income (UK or local currency)

Please elaborate here/Prefer not to say


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Part 3

Visa applications

The questions in the following section all relate to applications made afterthe new Family

Migration Rules came into effect on 9July 2012.

23.Have you or your partner applied to enter or remain in UK on the basis of being a spouseor partner of a person who is either a British Citizen or settled in the UK? (please mark xnext to the appropriate category)

Yesplease go to question 27

23a

Noplease go to question 24

23b

Non-spousal partner route application

24.If you/your partner have notapplied 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

a

No: Please elaborate here

25.Was your application successful? (please mark x next to the appropriate category andelaborate where appropriate)

Yes: Please state how many successful applications have been made since 9July2012 here

25a

No: Please summarise the reasons given for refusing the application(s) here25b

Pendingoutcome unknownc


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26.Where was the initial application(s) made to? (please mark xnext to the appropriatecategory and elaborate where appropriate)

Entry Clearance Office/Post: Name of country and town or citya

Other: Please elaborate here 26b

Spousal Partner Route Application

27.Please provide dates next to the most appropriate categories for when the initialapplication was made and decided:

Made27a

Decided

Pending 27c

28.Was the initial application successful? (please mark x next to the appropriate categoryand elaborate where appropriate) In order to fully understand this process and its impact itwould 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).

Yesa

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

Decision pendingoutcome unknown 28c


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

Yes a

No

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

Yes30a

No30b

31.Was the appeal successful? (please mark x next to the appropriate category and elaboratewhere appropriate). In order to fully understand this process and its impact it would beextremely useful to analyse the correspondence from the Tribunal, if possible, we wouldreally 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

Yesa

No: If you are not able to submit the determination records from the Judge

please summarise the reasons given here:

31b

Decision pending c

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

Yes32a

No32b


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33.Was the appeal successful? (please mark x next to the appropriate category and elaboratewhere appropriate) In order to fully understand this process and its impact it would beextremely useful to analyse the correspondence from the Tribunal, if possible, we wouldreally appreciate it if you could share any determination of the appeal you have

received by sending us a copy of it for analysis

Yes33a

No: If you are not able to submit the determination records from the Judge,

please summarise the reasons given here

Decision pending33c


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Part 4The 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):

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:

Your child(ren)s behaviour. Please elaborate:35c

Your child(ren)s relationshipwith you and your partner. Please elaborate:35d

Your child(ren)s relationship with you and your partners parents and other

close relations: Please elaborate:

e


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

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

a

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

Other. Please elaborate:

c

37.How do you intend overcoming the problems you are facing in order to live together as afamily?

Please elaborate here:37

38. How did you get hold of this questionnaire?

BritCitse

X


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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 [email protected].

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 submission1. Place all documents you are submitting into a folder

2. Winzip and password protect the folder. This video providesinstructionson how to

use winzip and to password protect it.

3. Attach the zipped folder to your email and email

[email protected]

4. Email the password [email protected]

Instructions for postal submission

1. Place paperwork in an envelope2. 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
mailto:[email protected]:[email protected]:[email protected]://www.youtube.com/watch?v=Ipn-T5Um3d4https://www.youtube.com/watch?v=Ipn-T5Um3d4https://www.youtube.com/watch?v=Ipn-T5Um3d4mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://www.youtube.com/watch?v=Ipn-T5Um3d4mailto:[email protected]

children's commissioner questionnaire

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