Family Migration Rules

Jim Cunningham Excerpts

Wednesday 19th June 2013 Westminster Hall

[Mr Sharma]

I quite agree. The amount highlighted in the report and stipulated in the rules has clearly impacted on many families, irrespective of where they live—London or the regions. Some of the British people seeking to sponsor a spouse stated that they were working in key occupations as auxiliary and health support nurses, security guards, clerical assistants and even ordained ministers.

[Mr Jim Cunningham (Coventry South) (Lab)]

The average wage in both the private and the public sectors is around £13,000 to £14,000, which is not high at all.

[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.