Family Migration Rules

Chris Bryant Excerpts

Wednesday 19th June 2013 Westminster Hall

[Chris Bryant (Rhondda) (Lab)]

It is a delight to serve under your chairmanship, Mr Owen. I join the congratulations that have been rightly heaped on my hon. Friend the Member for Ealing, Southall (Mr Sharma) on securing this debate, and on those involved in the all-party parliamentary group and the report. Without the vast resources that the Government would have for a full investigation, the all-party group has produced an important piece of work, and I was delighted to be at its launch last week.

I also congratulate my hon. Friend the Member for Stretford and Urmston (Kate Green)—who made an important contribution to this debate, just as she did to the process of bringing together the report—and the hon. Member for Brent Central (Sarah Teather). It was a delight to hear from a Conservative as well, in the shape of the hon. Member for Croydon Central (Gavin Barwell), who, as we all know, has taken a strong interest in these issues and pursued them with an open mind and an interest in getting to the truth rather than dealing with the facile arguments that we sometimes hear about immigration in the media.

I take issue slightly with the Chair of the Select Committee on Home Affairs, my right hon. Friend the Member for Leicester East (Keith Vaz). He said that because the Minister and I represent constituencies without large amounts of immigration casework, we somehow might not be as kosher in this debate as others. I say to him, first, that I suspect that people in the Rhondda take as great an interest in the issue of immigration as people in his constituency, but may come to a different set of conclusions about it. Secondly, in the Rhondda, we would not have the population that we currently have were it not for migration: particularly from Ireland and England, but also from Italy in the 19th century. Learning long-term lessons about immigration and migration is far more important than chasing daily or monthly headlines on those issues, and that is certainly what I hope to do as shadow immigration Minister.

I make one other point to the Chair of the Select Committee. The average wage in my constituency is considerably lower than the £18,600 threshold, so the immigration cases that I do have all arise from the rule change.

[Keith Vaz]

I would never accuse the shadow immigration Minister of chasing headlines. The point that I was making is that the Members here today, apart from those on the Front Benches, have a heavy case load. I said—he can check Hansard; I know that he is keen on people reading it—that despite the fact that he and the Minister represent the Rhondda and the Forest of Dean, they do have an understanding of the issues. I urge him to look at Hansard before he gets on his high horse again.

[Chris Bryant]

I was not very much on my high horse; I was just using an opportunity to tease my right hon. Friend. Anyway, he has risen to the bait, which is a great delight for us all.

I agree with many of hon. Members’ remarks. Largely thanks to several campaigning organisations, my inbox for the past year has been absolutely full of individual cases, not from my constituency but from all around the country. I will quote a few words from various people; I will not name them. One man wrote:

“I am at breaking point and I can see no chance of being a family, it is breaking our hearts”.

Another wrote:

“We feel trapped by our circumstances. I feel like I’m a prisoner in my own country!”

Both are British people unable to sponsor people to come here. Another wrote:

“This makes me feel extremely angry at the present government and very sad to be a British citizen treated in this way.”

There is certainly a great deal of distress out there. That might be because there has been a change in the law and many people were proceeding on the assumption that there would not be, so they have been suddenly caught out, but we should not underestimate the pain caused. At the same time, I accept that a fundamental duty of Government is to protect the public purse, which I do not think anyone would dispute. When there are real financial problems in the UK, which we need to sort out, it is all the more important for our public services to be protected and for the taxpayer to be protected. Furthermore, everyone accepts that a fundamental duty of Government is to ensure that the system is not open to abuse.

Use of the family route to circumvent immigration rules is small; it does exist and, indeed, I have had cases in my own constituency, but we need to look at it as the years go forward. Women have married someone from abroad, and the man has come to the UK, but, as soon as the marriage has happened, he disappears. We need to tackle that, however, as a form of exploitation and criminality—we need to look at whether there are further changes in the law we need to make.

[Mr David Ward (Bradford East) (LD)]

My apologies; I have been in a Delegated Legislation Committee. I was due to speak, so I am sorry about that.

Does the hon. Gentleman agree that the extraordinary thing is the ordinariness of our cases? We have all come armed with cases; when we read them, they are about a husband, or a child, and how the situation affects an uncle or a carer. The consequences are not unintended; they are things that were obvious to anyone who knew anything about the circumstances.

[Chris Bryant]

In political life and legislation, in many cases the effect on an individual is indirect; in this case, the effect is direct, and that is true of immigration policy generally—we pull a lever and something happens. It is, therefore, all the more important to look at our process for changing rules in Parliament. My point is not partisan; we, in the past—it is certainly true in this instance—have brought forward immigration rule changes involving an enormous screed of material, but with a negligible parliamentary process. We need to look at how we do that in the future.

Hon. Members have already referred to some of the real elements of hardship experienced. Inevitably, a significant number of children have been involved, because many of the relationships at issue are those of people who are just getting married and having their first children. My real concern is that children might be growing up now without either a father or a mother for the first three or four years of their life, and I do not know what that is storing up for the future in Britain, in particular in areas where there are already multiple layers of deprivation. That might become a bigger social problem in future than we have estimated thus far.

[Mr Virendra Sharma]

I hope that my hon. Friend agrees that the new rules are against the basic principles of family life, with husband and wife not being able to live together and children kept apart at a time when both parents are needed to support their future.

[Chris Bryant]

The right to a family life is obviously an important part of what we all accept to be intrinsic to humanity, but it is a qualified right—it always has been under human rights legislation. If it were not a qualified right, we would not be able to imprison someone who was married. I do not want to say that the right is categorical and exists in all positions, but my hon. Friend makes a fair point.

A Catch-22 now arises for many people: if they are the carer of a child and the other parent cannot be present, they might not be able to engage in a full-time job, so they cannot earn the £18,600 that enables them to bring the other parent in. That puts many parents in a difficult situation, and might end up placing a further burden on the state, rather than removing one, and would be a mistake.

As Members have said, it is also true that the effect of the changes is harsher in some parts of the country than in other parts. I suspect that that is why we have a large number of people from the more deprived constituencies in this Chamber today, rather than those from the country’s leafier suburbs. It is also true that the effect on women is disproportionate to that on men; because of the pay gap between men and women, many fewer women than men can achieve the £18,600 figure. Moreover, as the hon. Member for Brent Central mentioned, the report rightly makes the point that to all intents and purposes the adult dependent relative route has been closed: people have to be able to prove in this country that they have so much money, they can care for those dependants; in which case, people should care for them in the country in which the dependants live, unless they are so ill that they cannot stay there, in which case they probably could not travel anyway. We need to look at such issues.

[Keith Vaz]

Will my hon. Friend give way?

[Chris Bryant]

I will, although I am about to disagree again with my right hon. Friend.

[Keith Vaz]

When he does so, will he tell this Chamber what the official Opposition’s position is on the limit? Will it be removed if the Labour party gets into government, or is he planning to review the limit anyway in the next two years, to look at the impact that it is having on people?

[Chris Bryant]

If my right hon. Friend did not intervene, I would have more time to lay out what our plans are. I was about to say that he said the figure was arbitrary, but it is not arbitrary; it is deliberate. The Migration Advisory Committee advised on a range between £18,600 and £25,700—I suppose we should be grateful that the figure is not £25,700—and laid out that, according to its interpretation, at the lower bound of the range, 45% of applicants would not meet the income threshold. In other words, it is deliberate that 45% of people are caught by the limit. It is, therefore, important for us to look at the full impact of the policy—to look not only at the short-term implications, because I understand that it helps the Government to meet their net migration target, but at the full implications in the long run for the public purse and family life.

We undoubtedly have to examine some of the existing anomalies. Many who have written to me made the point, “It is fine if you can come in as a European economic area national; you don’t have to prove anything”, but that seems grossly unfair to someone coming in from outside the EEA. We need to look at such anomalies. We also need to look at what flexibility can be brought into the system. As many Members have said, a non-EEA partner’s earnings cannot be considered at the moment, even though they may be considerable. Ministers sometimes reply that people will be able to come in through a different route—a work route—but that does not apply to many, unless they have a specific job offer and so on. The way in which cash savings are estimated and the earnings of those who are self-employed similarly need to be looked at, as does whether third-party support can be brought into the equation, as it has been in several other countries.

I have already referred to the matter of the parliamentary process. I want us to engage in a proper process, so that Members can go through the legislation for any future change. We also need to assess the effect on the NHS, not only of people coming to this country, but of losing people who are working in the NHS—they might be worried about their elderly dependent relatives elsewhere in the world and decide to leave this country to go there. That issue is already affecting recruitment in south Wales and other places. Also, categorically, we will seek to repeal the Government’s recent abolition of the right of appeal for family visits. It seems quintessentially fair that someone coming to a funeral, wedding or some such occasion should have a right of appeal.

I have one final point to make. The honest truth is that in future there will be more British people falling in love with foreigners. That is simply a fact: more people go on holiday—one in four people go on holiday to Spain each year and one in six to Greece—and they go much further afield for their holidays than they ever have done before. Many of those people are not on vast incomes, but they end up falling in love. That is why we need to—we must—keep the issue under permanent review.

Jane Austen wrote:

“It is a truth universally acknowledged, that a single man in possession of a good fortune must be in want of a wife.”

I do not entirely agree, but I suggest a different version: “It is a truth universally acknowledged, that every family’s set of circumstances is different.” The law needs to be able to cater for that, rather than the opposite.