Family Visas: Income Requirement

Debate between Irene Campbell and Euan Stainbank

Monday 20th January 2025 Westminster Hall

[Irene Campbell]

I do not disagree with those comments.

In response to the proposed policy changes, the non-profit organisation Reunite Families UK filed an application for judicial review in June 2024, supported by the Good Law Project. It argued that the rise of the minimum income requirement to £38,700 was made without analysis and in breach of critical public law duties. Many migrants’ rights groups and campaigners have been outspoken against the minimum income requirement. In relation to the legal case, Caroline Coombs, the director of Reunite Families UK, who is in the Gallery today, said:

“In the last decade, this policy has somehow continued to exist under the radar devastating countless British and settled citizens and their partners, families and children. The general public have no idea this policy exists until sadly they come up against it”.

Furthermore, Reunite Families found that the minimum income requirement can prevent integration of mixed nationality families for myriad reasons. The rising financial costs of visas and savings lead to instability, and temporary visas also make it harder to secure housing, access education and secure appropriate employment. It is important to note that those on temporary visas cannot claim benefits and can access NHS services only by paying into the NHS through the immigration health surcharge—I will say more about that later.

Many people might say that this is an anti-family policy. Increasing the minimum income requirement can create single-parent families and put an incredible stress on all members of the family, particularly children. A British citizen abroad, for example, may have to return to the UK for a variety of reasons, such as a need to care for an elderly relative still residing in the UK. If they do not already meet the minimum income requirement, they may have to return to the UK alone and wait for an indefinite amount of time to reunite their family.

It is said that many people who return to the UK are unable to gain employment immediately, but they may only begin their family visa application once six months of minimum income can be evidenced, or one year of income if they are self-employed. It is important to note that the non-British partner’s earnings are not included. If the applicant’s income drops below the threshold, the Home Office application process, which can take up to three months, must begin again.

Statistics from the Office for National Statistics show that the threshold of £38,700—I am sorry to keep repeating that figure—is unrealistic for most people living outside London and south-east England. The median annual income is £38,500 for those living in Scotland, £35,600 for those living in Wales and £34,900 for those living in Northern Ireland, so many people in valuable—indeed, essential—jobs are paid less than £38,700 annually. Yet the people who do those jobs will be penalised for wanting to marry someone of a different nationality and are left with few other options, if any, to prove that they would be able to support a partner.

For example, salaries for newly qualified teachers in England start at £31,650, for newly qualified nurses at around £30,000 and for police constables at £28,500. Also, if a store assistant at Aldi makes £12.40 an hour, that equates to £25,792 yearly, assuming that they work 40 hours a week.

[Euan Stainbank (Falkirk) (Lab)]

Does my hon. Friend agree that it is even rarer for young people who come to this country to earn £38,700, which means that most of them are excluded under the proposed threshold?

[Irene Campbell]

I do agree.

To continue, an executive officer working in the Department for Work and Pensions earns £29,500, while an administrative officer’s salary in the civil service starts at £23,000. Nobody in any of those groups would qualify for the proposed minimum income requirement through their salary alone.

Indeed, the Migration Observatory, an independent group at the University of Oxford, estimated that around 50% of the UK working population would be unable to qualify on earnings alone with the current income requirement of £29,000, and that 70% of the working population earn less than £38,700. In addition, the charity Reunite Families UK has emphasised that the higher threshold affects women more than men, because women are more likely to have caring responsibilities and to earn less on average, and are also less likely to work full time. The median earnings of UK women who work full time are below £38,700 across all age groups; the highest median earnings figure is £35,250 for 40 to 49-year-olds.

The Migration Observatory also pointed out that the new set of policies would mean that, in certain circumstances, British workers in the same job as migrant workers would face stricter restrictions than migrant workers. For example, health professionals in the NHS who come to the UK on a health and care worker visa would be able to bring partners who are not UK citizens with them.

It is clear that the visa rules are long and complex, with many exceptions and differing prices for all circumstances. The family visa fee is £1,846 per person if the applicant is applying from outside of the UK and £1,258 per person if the applicant is applying from inside the UK. Those fees are non-refundable, so if an application is unsuccessful, the applicant is obviously not refunded.

In addition, there is the immigration health surcharge, for which the minimum cost for two and a half years is £2,587.50 for an adult and £1,940 for a child. If people are staying in the UK for two years and nine months, the charges rise to £3,105 for an adult and £2,328 for a child, and if they are staying for five years, they rise to £5,175 for an adult and £3,880 for a child. Reunite Families UK advises that the total cost of all those fees for a family on a five-year route to settlement can be over £10,000, while the total cost on a 10-year route can be around £20,000.