Immigration Rules: Spouses and Partners

Alison Thewliss Excerpts

Tuesday 31st January 2017 Westminster Hall

[Stuart C. McDonald]

It is true the Government chose the lesser of two evils, but I go back to the point I made before: it all depended on the question that the Government asked of MAC, which dictated the answer that came back. They could have looked at a million different alternatives. For example, in some litigation before the courts, reference has been made to the minimum wage, which is considerably less than £18,600. In my view, there was nothing wrong with the threshold previously in place, which was broadly £5,500—a rate that equated to income support at that time. There is even a case for removing the financial threshold altogether. So, yes, the Government chose the lesser of two evils, but that was from the question they asked in the first place.

The all-party parliamentary group on migration rightly pointed out that there will be many cases where the separation of parents leads to increased reliance on social security benefits. All of that is largely hypothetical anyway, since as we all know the non-EU spouse is prohibited from accessing social security benefits in any event for five years.

Ultimately, we should not engage in a balance-sheet debate that excludes from consideration family life and the best interests of children. We are talking about people—husbands, wives, mothers, fathers, sons and daughters—whose lives are being absolutely ruined. I have no doubt that colleagues will raise many constituency cases today, and each of them is absolutely deserving of our attention.

[Alison Thewliss (Glasgow Central) (SNP)]

Does my hon. Friend agree that we need to look at issues such as caring responsibilities? A number of constituents have come to my surgeries whose spouse would be able to care for and look after them, but they have been prevented from getting into the country, which has had a hugely detrimental impact on the constituents’ physical and mental health.

[Stuart C. McDonald]

I agree, and that is a perfect illustration of what the all-party parliamentary group was saying about how the rules can lead to an increased reliance on social security benefits. It also puts a big question mark over any Government argument that the rules somehow benefit integration. They certainly do not benefit the integration into society of the UK sponsor left here picking up the pieces.

All of that suffering is well documented in various reports and pieces of research, and I thank everyone who has been involved in documenting the effects of this mean-spirited and cruel Government policy. Utterly compelling is the report prepared in September 2015 for the Children’s Commissioner for England about the effect on at least 15,000 children—by now the figure is probably pushing on 20,000—living in “Skype families” across the UK. It detailed how the Government’s policy was causing those children separation anxiety, increased levels of anger and disobedience, greater levels of aggression, signs of depression, disrupted sleep, eating problems, social isolation and withdrawal, and feelings of guilt. Ultimately, what matters is that those children are being kept apart from one parent by the Government’s nasty immigration policies. In short, the Children’s Commissioner was clear that the Government’s legal obligations to children are not properly recognised in the rules and that too many decisions completely fail to take into account the best interests principle.

Last week, Phoebe Griffith of the Institute for Public Policy Research told members of the Home Affairs Committee that the net migration target had

“created a whole set of quite perverse incentives”.

She used policies on international students as an example, but I think that an even clearer example is the drastic changes to the immigration rules for non-EU spouses and partners that were introduced in July 2012. The real reason for the rules is the Prime Minister’s near-pathological obsession with her bogus net migration target, and it seems that it does not matter to her who is hurt as a result. Too many UK citizens with non-EU spouses and UK children with non-EU parents know that better than any of us. How many more families do the Government want to plunge into the nightmare in pursuit of the target? Will they apply the same rules to EU spouses after Brexit, for example?

For the reasons I have explained, and many more that I am sure hon. Members will touch on, the Government should go back to the drawing board and put families and children first.