Download - 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)
Age in years and months at 1 September 2014:
c a
Gender:
13c2b
Nationality/nationalities:
c c
Do they have a disability? Yes/no/prefer not to sayIf yes please specify here:
c
Who is the child living with:
13c2e
What is the childs current country of residence:
c
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Child 3 (repeat as above)
Age in years and months at 1 September 2014:
c a
Gender:
13c3b
Nationality/nationalities:
c c
Do they have a disability? Yes/no/prefer not to sayIf yes please specify here:
c
Who is the child living with:
13c3e
What is the childs current country of residence:
c
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Child 4 (repeat as above)
Age in years and months at 1 September 2014:
c a
Gender:
13c4b
Nationality/nationalities:
c c
Do they have a disability? Yes/no/prefer not to sayIf yes please specify here:
c
Who is the child living with:
13c4e
What is the childs current country of residence:
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
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]