Charles Bishop

We have been reading with interest today’s news that the government might be seeking to abolish civil partnerships altogether in order to ensure that opposite-sex couples, who cannot presently enter into a civil partnership, are not discriminated against when compared with same-sex couples, who can enter into civil partnerships. This follows a challenge by an opposite-sex couple to the current civil partnership rules which is before the Supreme Court this week.

History, it seems, tends to repeat itself. Back in the 1990s, while it was possible for certain opposite-sex partners of British nationals to obtain leave to remain based upon their unmarried relationship, it was not possible for same-sex partners to do so. Wesley Gryk, our senior partner, assisted a gay couple to challenge this discriminatory situation in a case before the then Immigration Appeal Tribunal (nowadays the Upper Tribunal (Immigration and Asylum Chamber)) called Lizarzaburu v Secretary of State for the Home Department 19 April 1994 (unreported). The Tribunal urged the Home Office to extend the unmarried partners concession to same-sex relationships.

In its wisdom, on 22 February 1996, the Home Office decided to withdraw the unmarried partners concession altogether, thereby maintaining “equality” by preventing both gay and straight couples from benefiting from the provision. Everyone was equally shut out from this route until the following year when the concession was restored following tireless campaigning by the Stonewall Immigration Group (now the UK Lesbian and Gay Immigration Group).

Wesley is writing a detailed account of the history of the battle for equality in immigration law during the 1990s to be published later this month which in fact is the 25^th anniversary of the first meeting of the Stonewall Immigration Group. For now, though, we think that the most important lesson the government should take from this “mirror image” situation of that prevailing in the 1990s is that the best way to promote equality is not to restrict the choices we have in life but rather to extend them as widely as possible. The only hint of progress one can perhaps deduce from the present situation is that, this time around, gay men, lesbians and bisexual people find themselves with more rights than their straight counterparts, which rights are now under threat, a situation which would have been unthinkable 25 years ago.

On Monday, 12 February, a new NGO known as Here for Good was officially launched to provide free immigration services during and beyond the Brexit process. The launch event was hosted by Professor AC Grayling, a trustee of the charity.

Two of our partners, Wesley Gryk and Alison Hunter, worked with two partners at Bindmans LLP to produce the publication ACT NOW, a free and comprehensive guide commissioned by Here for Good. The guide sets out the practical steps individuals should take to secure their rights in the UK.

The organisation has been co-founded by Isabella Mosselmans, a trainee solicitor at Wesley Gryk, alongside Tahmid Chowdhury, who was one of the interested parties in the litigation concerning the legality of triggering the Brexit withdrawal process without parliamentary approval (the Article 50 litigation). It will give particular attention to the most in-need EEA citizens living outside of London, where there are high numbers of EEA migrants but a shocking lack of comprehensive pro bono immigration services.

Alison Hunter, Isabella Mosselmans and Tahmid Chowdhury

Wesley had this to say about the firm’s involvement in this new charity: “We are very proud of Bella and Tahmid’s initiative. We would like to see it as an extension of our own firm’s commitment to providing advice and assistance to as many European nationals as possible to protect their rights, regardless of their ability to access paid legal advice. To this end we are continuing to host a number of pro bono outreach sessions to advise such Europeans, the next of which we are conducting with another sister firm, Wilsons Solicitors, at 7pm, on 7th March 2018 at Islington Town Hall, with another we hope to follow at the Waterloo Action Centre at 1pm on Saturday, 19th May 2018.

As I am overly fond of pointing out, these initiatives are in part inspired by my own Polish grandparents, all four of whom immigrated to the US a little over a hundred years ago and were able to make a go of it thanks to a pool of kind employers, teachers and other generous individuals who saw their potential and that of their children as a benefit to society and not a threat.”

Isabella and Tahmid said “With extensive support from our lawyers, we have created a Guide that will help tangibly improve people’s lives. At best, EEA citizens and their families are facing uncertainty in the aftermath of the referendum – this guide combats that, and our proposed advisory service will further enable people to take action to protect their rights in the UK”.

Abolishing civil partnerships to treat everyone equally: a bit of déjà vu?

Wesley Gryk Solicitors assists with launch of a new charity pledging free immigration advice to EEA citizens and their families