Clayton: Textbook on Immigration & Asylum Law 3e
Chapter 9
1. What is the immigration purpose which is sought to be achieved by the probationary period for partners? Is this something which should be regulated by immigration control or by families and family law?
The first part of the question can be answered quite briefly. The second part invites you to consider, as a matter of principle, the state's involvement in monitoring the durability of marriages. There is no right or wrong approach, it is just something to think about.
2. Why is there no probationary period for other adult relatives?
Consider the kinds of relationship adult relatives will have to the sponsor, as compared with a partner. Consider the reasons they are coming. What is achieved by a probationary period? Could this have any application to other adult relatives?
3. Draft your own immigration rule for the admission of children, taking into account the policy priorities you would consider most important. How does this compare with the existing rules?
An opportunity for creativity, and for you to think about what balance you would make between an 'immigration law approach' and a 'family law approach' as described in this chapter.


