17:29 - The House having divided: - Ayes: 3 / Noes: 82 - Question accordingly negatived.
The Minister for Immigration (Mr Mark Harper)
I am grateful to the hon. Member for Bristol East (Kerry McCarthy) for giving me an opportunity to set out the Government’s thinking. As she was speaking, I was thinking through a number of responses, and I hope I can also respond to the multiple instalment story from the hon. Member for Slough (Fiona Mactaggart), who finally got it all out, I think.
Let me first set out a bit of background to put this matter in context. As part of our general reform of the immigration system across all the routes coming to the United Kingdom, we undertook a major overhaul of the family routes. There were three aims: to prevent burdens on the taxpayer, to promote integration, and to tackle abuse. The hon. Member for Bristol East’s focus has been on the financial requirement, which is the minimum income threshold of £18,600 a year to be met by those wishing to sponsor a partner of non-European economic area nationality to settle in the UK, with higher levels for those who also sponsor dependent non-EEA national children.
The point of the requirement is to prevent burdens from falling on the taxpayer and to promote successful integration. To put the story round the other way and to throw it back at the hon. Lady and the hon. Member for Ealing, Southall (Mr Sharma), people can come here to establish their family lives, but we ask that they should not expect the taxpayer to fund that.
The hon. Lady raised the point about no recourse to public funds, which has always been in place, and suggested that was a sufficient protection for the taxpayer. The problem with that is twofold. First, under the immigration rules only some things the taxpayer funds are classed as public funds. The things that are not considered as public funds are NHS costs, social care, contribution-based jobseeker’s allowance, incapacity benefit, maternity allowance, retirement pension and statutory maternity pay. A range of funds, therefore, are not excluded under the no recourse to public funds measure. If someone comes to the UK under no recourse to public funds, we would still have to provide health care to them, therefore, which may well be a burden on the taxpayer.
Fiona Mactaggart
Most of the benefits to which the Minister has referred are contribution-based, and therefore are not relevant. On health care, however, I think most of our constituents would be quite happy if there were a requirement looking at some way of paying for health care, because part of the point of this is that there are lots of cases where people will have enough money on any system, but not on this rule.
Kerry McCarthy
It seems to me wrong that if someone is earning a modest income, their partner or child cannot access the NHS, but if they are wealthy, they can. Surely that goes completely against what the NHS is meant to be about. The Minister is saying that there is a different rule for people who earn more, meaning that their partners can get NHS treatment.
Mr Harper
No, the hon. Lady misunderstands me, which I am sure is my fault for not explaining the situation. The point is that if someone comes here and we say they have no recourse to public funds, they do have access to the NHS. I think the hon. Lady was arguing that because someone on a modest income who brings their family member here could not access public funds, that would not place a burden on the taxpayer. My point was that if, for example, that person needed to access the NHS, they could, and of course that burden would fall on the taxpayer, even though the income-earner’s contribution to the Exchequer may be very modest.
The other, wider, issue concerns the way our welfare system works. The presence of the partner may of course increase the benefits that the British national is entitled to. Although the migrant might not be entitled to housing benefit, for example, their presence may well increase the amount that the UK citizen is able to claim. That may give rise to a genuine issue about how our welfare system works—that is another debate—but given how it works, it is not quite as simple as saying that because there is no recourse to public funds there is no burden on the taxpayer from their presence.
I want to say something about a change relating to integration, albeit briefly as it does not fall within the category of finance. We think English language skills are very important, which is why, from October, we are increasing the level of English language skills we expect. That is partly to give those who come here the best possible chance of integrating—participating in the workplace and being part of the community.
Neil Carmichael (Stroud) (Con)
The Minister is making a really important point. People are welcome, providing they can contribute to the society they are joining. That is surely good for them, too. Does the Minister agree that the central point regarding language and income is that they feel comfortable, involved and included?
Fiona Mactaggart
Will the Minister take this opportunity to commit to making sure that in every country, applicants who are trying to come here to join a spouse can actually get the qualifications he is going to require of them?
Mr Harper
My understanding is that people are able to do that. I can tell from the way the hon. Lady is looking at me that there is a point behind her question, so if she will do me the courtesy of dropping me a line, I will examine the argument she is making and get back to her, rather than diverting the debate away from its central point.
Dr Julian Lewis (New Forest East) (Con)
At the risk of diverting the debate for just a fraction longer, I worry a bit about this language test. I come from a third-generation immigrant family, and my grandfather to the end of his life spoke English haltingly and with a thick foreign accent. What mattered was that he was able to undertake a productive trade, and that his children and grandchildren were not cosseted by being taught in the language of the country they had left, but were properly educated in the language of the country they had joined. To have too stringent a language test is to look at the problem the wrong way round.
Dr Thérèse Coffey (Suffolk Coastal) (Con)
I am glad that my hon. Friend is moving on to that point, because residents in my constituency are surprised that the limit of £18,000 is so low, given that we hear concerns about the benefits cap of £26,000. I am delighted that he is going to explain why the limit is £18,000—of course, it is more for people with children.
Mr Harper
The previous requirement, which I think has been alluded to, was that applicants had to be “adequately maintained”. The courts generally interpreted that to mean income equivalent to the level of income support for a British family of that size, which was about £5,500 a year for a couple at that time. Our view was that that level of income was not an adequate basis for sustainable family migration and did not provide adequate assurance that UK sponsors and their migrant partners could support themselves and their children over the long term.
The previous regime also required quite a complex assessment, both for applicants and caseworkers, of current and prospective employment income and other financial means. It made decision making difficult, as was highlighted by the independent chief inspector’s report of 24 January on the processing of applications under the old rules for spouses and partners. Again, that was partly why we wanted a financial requirement that was clear and transparent; applicants would know where they stood, and we could make clear and timely decisions.
The minimum income threshold is £18,600 a year, with a higher amount with those sponsoring dependent children—it is £22,400 for those sponsoring one child and an extra £2,400 for each further child. We based that on the expert advice of the independent Migration Advisory Committee. It gave us a range of figures and that was at the low end. Its figures went up to about £25,000, a level at which someone would be making a net contribution to the Exchequer. The £18,600 level we settled on is broadly the income at which a couple, once settled here, cannot access income-related benefits. It is not an exact match, but it was as close as we can get. Our approach broadly says, “If they are here earning that amount of money, they are going to be able to stand on their own two feet and not expect the taxpayer to support them.”
Kate Green
I understand the logic the Minister is outlining, but when benefits are assessed for a household they are assessed on a household basis. So this approach does not appear to address the point that has been made about ignoring the income of the incoming spouse.
Mr Harper
The hon. Lady makes a very good point, which I am coming on to address. In most cases—this comes back to the point about representations—including one of the cases the hon. Member for Bristol East raised and the one mentioned by the hon. Member for Slough (Fiona Mactaggart), there is often an alternative way, through the immigration rules, of someone getting to the United Kingdom. So the reason we do not take into account—
Mr Harper
Let me just develop the point, because either I will answer it satisfactorily or I will not and the hon. Lady will then be able pick up the point she thinks I have not answered adequately, rather than getting in first. I will make two points. First, we do not take into account the previous income of the migrant partner when they apply for entry clearance mainly because what someone happened to be earning elsewhere is no guarantee of their finding work here. However, in the case she highlighted of the female British citizen with a South African husband and in the case that the hon. Member for Slough mentioned of the skilled science teacher, although the partner may not be able to get entry clearance to come to the United Kingdom as a spouse, they would of course be able to apply under our tier 2 skilled working visa to come to the United Kingdom. They could then get entry clearance on that basis and once here in work, earning an income, they would be able to switch into the family route. They could then show that they could earn that level of income and that would then be taken into account. So people who would be able to come here to work in a skilled job could come here under an alternative route and once they have established the fact of earning that level of income, they would be able to change their status under the spouse route, with the appropriate route to settlement. So certainly the South African husband could follow that route and it would work for him.
Kerry McCarthy
My understanding is that he would be able to do that only if his job could not be filled by a UK person. He is a computer programmer and, obviously, there are a lot of those in this country already, so he would not meet the criteria: no employer would say that the skills they required could be met only by him and not by anyone else. He has worked in the UK for six years under a work permit and it was unfortunate that the couple left the UK for a short time and the rules changed while they were out of the country. Had they not done so, they would have been able to go down the route that the Minister suggested.
Mr Harper
Under the tier 2 rule, it has to be a skilled job and they have to undergo a resident labour market test. So if he has a particular employer in mind, the rules may be a little more inflexible in the sense that he may not be able to say a specific employer, but if he has skills to offer, there are many occupations in which there is a shortage of people. If it is an occupation on the shortage occupation list, the employer is not required to undergo a resident labour market test. There are therefore opportunities in certain cases for someone to come here.
The hon. Member for Slough highlighted the issue of savings. Despite the fact that I managed to throw together some maths A-levels, that was a long time ago so I will not try to do the maths in my head. Savings can be used to make up the difference. We look at the amount of savings above £16,000, which is the threshold that is generally disregarded for income-related benefits. If someone holds savings for the period that they are hoping to come to the United Kingdom, which would be 30 months, the savings count as long as the applicants have them under their control for at least six months.
Mr Harper
I believe that the answer is yes. If inspiration does not strike me before the end of the debate to confirm that, I will write to her.
In the immigration rules laid today, we have made some changes to the evidential requirements. For example, we had cases in which people were in receipt of tax-free stipends from universities. The net amount was below £18,600 and the rules were previously unclear about whether people could gross it up. I had a couple of cases raised with me and I thought it self-evident that people should be able to gross it up. So we have made it clear that that is indeed the case.
Dr Thérèse Coffey
Does my hon. Friend agree that plenty of companies in this country regularly secure permits to bring talented people to fulfil specific roles? So, it happens now and we are proud to welcome talent into our country to fill those roles.
Mr Harper
My hon. Friend is right. If people have married or are with a partner, they are looking at a particular route. It is worth saying, and her intervention highlights this, that there are alternative routes for people under the immigration rules for some of these difficult cases.
Neil Carmichael
May I go back to the qualification period, for both savings and income? Why did the Government choose six months?
Mr Harper
It was to ensure that people could not abuse the system by holding the money for only a day or two, making the application, succeeding and then giving the money back. It is to make sure that the money is genuinely under someone’s control and available to them rather than their borrowing money that belongs to someone else for a short period. We felt that six months met that requirement without being overly burdensome and putting unreasonable requirements on individuals.
Perhaps I will follow up the point made by the hon. Member for Slough if she speaks to me about the specific case. Inspiration has told me that the savings do not count in that way with self-employed people. If she has a specific case, which it looks like she has, perhaps she will draw that to my attention and I will look at it and see whether I think the rules are sufficient to deal with it.
Thomas Docherty (Dunfermline and West Fife) (Lab)
I beg to move, That the House sit in private.
Question put forthwith (Standing Order No. 163).
The House proceeded to a Division.
Mr Deputy Speaker
I am on the verge of sending somebody to see where the Serjeant at Arms has gone. Has this got anything to do with Comic Relief by any chance? It is that time of year.