Helena Wray

An Ideal Husband? Marriages of Convenience, Moral Gate-keeping and Immigration to the UK

* Senior lecturer, Centre for Legal Research, Middlesex University. Helena Wray is writing her PhD at the School of Oriental and African Studies, University of London. 1 Council Resolution 97/C 382/01 of 4 December 1997 (Official Journal C 382 of 16.12.1997). 2 H. Wray, “Hidden Purpose: UK Ethnic Minority International Marriages and the Immigration Rules”, in P. Shah and W. Menski (eds.), Migration, Diasporas And Legal Systems In Europe (London: Cavendish Publishing 2006), pp. 163–184. An Ideal Husband? Marriages of Convenience, Moral Gate-keeping and Immigration to the UK

Introduction: The Invisible (Migrant) Man

Migration scholarship has often lagged behind developments in gender studies. The importance of gender has gained increasing recognition, but this has predominantly meant a focus on women migrants. Only recently has a gendered lens been turned to the study of migrant men. Discourses surrounding migration in law and government, and in legal scholarship, remain characterized by neglect or dismissal of the gendered experiences of male migrants. Where they do appear, men are frequently cast as the oppressor of family members or as abusing legal channels of migration. Their vulnerabilities and affective ties and needs are rarely foregrounded. This negative representation may be instrumentalized at a variety of levels, and for a variety of purposes, making it difficult for more nuanced critiques to gain purchase. This special issue seeks to extend the discussion of migration and gender by exploring the ways in which men’s gendered experiences of migration remain marginalized.Migration scholarship has often lagged behind developments in gender studies. The importance of gender has gained increasing recognition, but this has predominantly meant a focus on women migrants. Only recently has a gendered lens been turned to the study of migrant men. Discourses surrounding migration in law and government, and in legal scholarship, remain characterized by neglect or dismissal of the gendered experiences of male migrants. Where they do appear, men are frequently cast as the oppressor of family members or as abusing legal channels of migration. Their vulnerabilities and affective ties and needs are rarely foregrounded. This negative representation may be instrumentalized at a variety of levels, and for a variety of purposes, making it difficult for more nuanced critiques to gain purchase. This special issue seeks to extend the discussion of migration and gender by exploring the ways in which men’s gendered experiences of migration remain marginalized.

Regulating marriage migration into the UK: a stranger in the home

Marriage migration is a controversial and problematic issue in the UK as elsewhere in Europe. This timely analysis is a comprehensive examination of the regulation of marriage migration into the UK. With international relevance, the book uses the analysis to examine the relationship between government priorities and the dynamics of transnational family life. The book is one of the first to scrutinise the control of UK marriage migration after 1997 and explores the dilemmas faced by the post-1997 government in managing this form of migration in a changed domestic and international environment. Using high-quality sources from across the political spectrum, it analyses regulatory decisions made by government, the judiciary and the visa service, and suggests that there is an unofficial and unarticulated hierarchy predicated on assumptions and beliefs about acceptable marriages. Finally, the book establishes a principled basis for the future regulation of marriage migration.

A family resemblance? The regulation of marriage migration in Europe

AbstractThis article analyses key aspects of the regulation of entry and stay of spousal migrants in eea member states. It shows that there are differences of regulation, particularly between states in Eastern and Southern Europe and states in Northern and Western Europe but, in most cases, the amount of divergence is limited. The article connects this ‘family resemblance’ to a broad concept of Europeanisation. Even where there is no binding legal obligation, European legal norms and the practice in other European states largely circumscribe what is possible.

A Thing Apart

Although gender offers valuable perspectives for understanding migration law, masculinity has received little attention. In family migration, men are generally regarded as economic agents and family as marginal to their lives, a view that is difficult to dislodge because it serves the purposes of governments anxious to reduce unwanted immigration. In British immigration law, measures have often explicitly or implicitly relied on such gender-based assumptions. Recently, lawyers have utilized the gap between official and unofficial standards by promoting test cases involving either a woman or a vulnerable man but where the principles established will benefit all migrants. Gains may be short-lived however as new ways emerge of making distinctions. These arguments are demonstrated in this article through examination of British immigration control and judicial decisions. The article finds that, in this arena, new understandings of masculinity and fatherhood have yet to make much impact.

“A Thing Apart”: Controlling Male Family Migration to the United Kingdom

Although gender offers valuable perspectives for understanding migration law, masculinity has received little attention. In family migration, men are generally regarded as economic agents and family as marginal to their lives, a view that is difficult to dislodge because it serves the purposes of governments anxious to reduce unwanted immigration. In British immigration law, measures have often explicitly or implicitly relied on such gender-based assumptions. Recently, lawyers have utilized the gap between official and unofficial standards by promoting test cases involving either a woman or a vulnerable man but where the principles established will benefit all migrants. Gains may be short-lived however as new ways emerge of making distinctions. These arguments are demonstrated in this article through examination of British immigration control and judicial decisions. The article finds that, in this arena, new understandings of masculinity and fatherhood have yet to make much impact.

‘"A Thing Apart": Controlling Male Family Migration to the UK

Although gender offers valuable perspectives for understanding migration law, masculinity has received little attention. In family migration, men are generally regarded as economic agents and family as marginal to their lives, a view that is difficult to dislodge because it serves the purposes of governments anxious to reduce unwanted immigration. In British immigration law, measures have often explicitly or implicitly relied on such gender-based assumptions. Recently, lawyers have utilized the gap between official and unofficial standards by promoting test cases involving either a woman or a vulnerable man but where the principles established will benefit all migrants. Gains may be short-lived however as new ways emerge of making distinctions. These arguments are demonstrated in this article through examination of British immigration control and judicial decisions. The article finds that, in this arena, new understandings of masculinity and fatherhood have yet to make much impact.