Family Migration Rules

Debate between Jack Dromey and Virendra Sharma

Wednesday 19th June 2013 Westminster Hall

[Mr Sharma]

It is clear that jobs and the income from those jobs are not relevant when families are forced to live apart. The income requirement would exclude almost half the UK working population from living with their husbands or wives if they were from outside the EEA. That seems unfair. Should they have to move overseas? We heard from a number of families whose child care commitments prevented them from relocating overseas, or who had other caring duties in the UK—for example, for elderly parents—that meant that the family had compelling reasons to wish to settle in the UK.

In addition, we heard from a number of hard-working, tax-paying British citizens who were determined that being effectively forced out of their own country should not be the only way in which they could live with their spouse and children. I think most of us would have the same reaction, were we in that situation.

Another issue close to those affected by the family migration rules is the manner in which the income requirement can be met. The limited list of permitted income sources has delayed and prevented even those families with clear means, or access to means, from entering the UK since last July. In the case of families who have been living overseas and wish to return to the UK, if the couple wish to meet the income requirement from the employment-related income source, the UK sponsor must show prior earnings of that amount, which may well be difficult for those who have been working in lower-income countries. The prior earnings or prospective income in the UK of the non-EEA partner is not taken into consideration at any point, regardless of whether he or she is the main earner in the family. Even if the non-EEA partner has strong chances of employment in the UK, or has a firm job offer here, it will still not count towards the application. One submission to the inquiry raised the case of a family based in Dubai; the non-EEA national was earning £250,000 per annum, which could not be counted in any way towards meeting the income requirement.

We have also heard that meeting the requirement through one of the other permitted sources is not always possible, even for high net worth families.

[Jack Dromey (Birmingham, Erdington) (Lab)]

I pay tribute to my hon. Friend for securing this debate and to my hon. Friend the Member for Stretford and Urmston (Kate Green) for serving with distinction on what was an all-party inquiry. My hon. Friend the Member for Ealing, Southall (Mr Sharma) is making a powerful case about families being torn apart and children being indefinitely separated from one of their parents. Does he agree that we are seeing some perverse outcomes, in that reunited families could help people go out to work? As the rules stand, even if the combined family income enables them to support an individual with whom they wish to be reunited, they cannot do so.

[Mr Sharma]

I thank my hon. Friend for his intervention. I quite agree with him; he has made a very powerful point. Yes, these rules are keeping families apart, not helping them to unite and support each other, even where uniting them could help them to progress in their family life. Hopefully, the Minister will make a note of that point.

The prior earnings and prospective income in the UK of the non-EEA partner are not taken into consideration at any time, regardless of whether he or she is the main earner in the family. The cash savings source requires sponsors and applicants to take up to £62,500 out of investments in stock and shares, and to place it in a bank account, which is difficult for people whose assets cannot be liquidated. Again, does that not exclude a substantial number of hard-working families from being united in this country, because the income requirement is not a proper reflection of the resources that will be available to those families once they are together in the UK? The great number of colleagues who are present in Westminster Hall shows the interest in this issue, both inside and outside Parliament.