Family Visas: Income Requirement

Debate between Ben Lake and Seema Malhotra

Monday 20th January 2025 Westminster Hall

[The Parliamentary Under-Secretary of State for the Home Department (Seema Malhotra)]

It is a pleasure to serve under your chairship, Mr Pritchard. I thank all those from across the Chamber who have contributed to this important debate, and I thank my hon. Friend the Member for North Ayrshire and Arran (Irene Campbell) for moving the motion on behalf of the Petitions Committee. I also thank Shannon who started the petition and the over 100,000 people who signed it. The petition was concluded before the general election, but it has been brought forward for debate in the House.

It is important to address the point raised by the hon. Member for Bradford East (Imran Hussain) about the delays in Home Office cases. That is a separate matter from the one we are discussing. However, I will say that we inherited a Home Office with utterly chaotic systems. The huge amount—£700 million—spent on the Rwanda scheme and the diversion of caseworkers have partly contributed to the chaos that we have seen across a number of visa routes. I hope that we are starting to bring that under some control, so that applications can be processed more swiftly and people are not left waiting as long as they have been.

It is also important to make the point that migration has always been a part of our nation’s history. For generations, people have travelled here from all over the world to contribute to our economy, study in our universities, work in our public services and be part of our communities. Indeed, British citizens also continue to travel across the world and may choose to make their home abroad. We recognise and value the contribution that legal migration makes to our country, but as the shadow Minister, the hon. Member for Weald of Kent (Katie Lam), and all those across the House will be aware, we have said that net migration, which reached record highs under the last Government—over 900,000 in the year ending June 2023—is unsustainable. It needs to come down, and we have made that commitment. However, there has been a broader conversation in the contributions from Members across the House. I will endeavour to respond to the specific points raised, but first I want to set out the background to the minimum income requirement, or the MIR. I will set out how it came about and what our position is now.

As we know, appendix FM was brought into the immigration rules in 2012 to set out the requirements for family members wishing to come to or stay in the UK on the basis of their relationship with a family member who is British or settled here. It also brought the MIR into the immigration rules, with the aim of ensuring that family migrants could be supported at a reasonable level by their sponsoring family member so that, as has been raised, there was no unreasonable burden on the British taxpayer and to help to ensure that they had the independence and means to participate sufficiently in everyday life, to support themselves and to facilitate integration into Britain.

The right to family life is a qualified right, and the family immigration rules, including the MIR, carefully balance that right against the legitimate aim of protecting the economic wellbeing of the UK. Expecting family migrants and their sponsors to be financially independent is reasonable to both them and the taxpayer. In 2017, the Supreme Court agreed that this principle strikes a fair balance between the interests of those wishing to sponsor a partner to settle in the UK and the community in general.

When the MIR was introduced as part of the changes to the immigration rules, it was set at £18,600, following advice from the Migration Advisory Committee. At that time, the figure represented the level of income that a family could receive at which point they would cease to be eligible for income support. Between its introduction and April 2024, it was not increased in line with inflation or real wages or adjusted in the light of rising numbers of migrants using the route. The previous Government then decided to raise the MIR to bring it in line with the median income for skilled workers, which is currently £38,700. The decision was made without consultation and without the benefit of advice from the Migration Advisory Committee.

Shortly afterwards, the Conservative Government decided to implement the rise incrementally. The first increase, to £29,000, took place in April 2024, and no further changes have yet taken place. It is our view that any change must be underpinned by a solid evidence base and form part of a system that is fair, clear and consistent. To achieve that, as has been mentioned, the Home Secretary has commissioned the Migration Advisory Committee to review the financial requirements in the family immigration rules. That includes the level of the MIR and how it can be met.

[Ben Lake (Ceredigion Preseli) (PC)]

A number of Members have raised concerns about the discrepancies in incomes and average earnings across different regions and nations of the UK. Can the Minister give us an assurance that the Migration Advisory Committee will look at those?

[Seema Malhotra]

Indeed, that is what we would expect.

The Migration Advisory Committee has already completed a call for evidence. It may be of interest to the House that that call for evidence, which gathered the views of stakeholders and those affected by changes to family rules and closed on 11 December, saw more than 2,000 responses—a record for a Migration Advisory Committee consultation. The comments received will inform the review being conducted by the Migration Advisory Committee. I am sure that many interested Members and their constituents will have taken part in that opportunity to provide views, because, as has been mentioned, a rich evidence base is essential to ensure that effective recommendations can be made.

The Migration Advisory Committee has also commissioned two pieces of research to independent research contractors: a survey with a sample of applicants to the family visa, and qualitative reviews with people who applied and those who were not able to apply. Fieldwork will start in the next few weeks, and further information can be found on gov.uk. The Migration Advisory Committee is an independent body, and I know that the review will be robust and transparent, considering the impact on family life, children, equalities and regional variations in income. It is expected that the MAC will issue its report in the summer, and we will carefully consider its recommendations before making any further changes.

I will address a few of the points raised by hon. Members from across the House. Some hon. Members called for us to scrap the MIR altogether. However, as I said, it is a long-established principle that family life in the UK must be on a basis that balances the needs of the family and those of the UK taxpayer, and that also enables family migrants to integrate into British life. The family immigration rules are flexible and contain safeguards to protect the right to family life.

It is worth highlighting a few of the safeguards that are currently in the rules, because that will inform some of the hon. Members who made contributions today. Those who cannot meet the core requirements of the rules, including the MIR, may still be granted leave if they have exceptional circumstances that mean refusing their application would be unjustifiably harsh. That takes into account the impact on children and considers their best interests. It is in accordance with our obligations under article 8 of the European convention on human rights. Where someone is granted leave on the basis of exceptional circumstances, they are placed on a longer, 10-year route to settlement, which is granted in four tranches of 30-month periods, with a fifth application for indefinite leave to remain.

The rules recognise that some sponsors will have reduced earning capacity as a result of disability or caring for someone with a disability. Therefore, an applicant whose sponsor is in receipt of certain specified disability-related benefits or allowances is exempt from meeting the MIR. Instead, they must meet a requirement for adequate maintenance, demonstrating that they can support themselves and their family without relying on public funds.

Rural Depopulation

Debate between Ben Lake and Seema Malhotra

Wednesday 11th September 2024 Westminster Hall

[Seema Malhotra]

The hon. Gentleman can come back to me later, but I need to continue my remarks, because I want to make the point that it is important for us to learn what has and has not worked in the UK, as well as learning from abroad.

The arguments in favour of legislating to enable rural communities to recruit and retain international recruits more easily are well intentioned, but could risk placing international recruits in a particularly vulnerable position, especially at a time when, as has been mentioned, we are looking to protect workers against exploitive practices in the care and fishing sectors and elsewhere in the economy. Previously suggested schemes for devolved migration controls would restrict their movement and rights. However, immigration is a national system, not a local one, and although we have routes and flexibilities in our immigration system, a range of issues have contributed to depopulation—a point that has been raised in this very effective debate—so we need a much more integrated strategy across Government and with the devolved Administrations. That is why it is important that it is taken further.

On housing, the Government have set out an overhaul of the planning system, and we have introduced new mandatory housing targets. We are looking at prioritising brownfield sites, and it is a key mission of ours to build 1.5 million affordable homes across the country. That is essential for the reasons that we have talked about, including stability for families and for our local economies.

I mentioned the need for a coherent link between our labour market and migration. Since the new Government came in, we have been working to establish a framework in which the Migration Advisory Committee, Skills England, the Industrial Strategy Council and the Department for Work and Pensions will work together to address the issues facing the UK labour market, including skills gaps—

[Ben Lake]

Will the Minister give way on that point?

[Seema Malhotra]

I will come back to the hon. Gentleman, but I may answer his question with my next point.

Those bodies will also look at pay and conditions, economic activity and the role that migration can play in supporting that. In order to deliver on the Government’s missions, we need to tackle these challenges in all parts of the United Kingdom. The bodies must work closely with our devolved Governments, our combined authorities and local government to address these matters.

[Ben Lake]

The Minister has gone halfway to addressing the point that I wanted to raise. Australia, which has a federal system, operates a single immigration system, but the territories and states can nominate key critical shortage occupations to encourage and boost them. In her discussions with the devolved Administrations, will she bear in mind the experience of Australia and see whether its approach can be brought into the UK system?

[Seema Malhotra]

I thank the hon. Gentleman for his comments. I was pleased to visit Australia very briefly in May to talk about the work that is being done on skills there. I think it would help him to know that we have announced a new council of the nations and regions, and we are starting the process of establishing local growth plans and encouraging local authorities to take on more devolved power. He may want to contribute to some of those discussions.

I do not wish to test your patience, Ms Vaz, so I will conclude.