Partner and Spousal Visas: Minimum Income

Jim Shannon Excerpts

Tuesday 23rd April 2024 Westminster Hall

[Alison Thewliss (Glasgow Central) (SNP)]

It is a pleasure to see you in the Chair, Sir George.

I speak very much in opposition to the higher threshold, which is discriminatory. Over the years since I was elected, many of my constituents have come to me because they have struggled to make the £18,600 threshold and have been separated from their family and loved ones as a result, despite working multiple jobs to try to reach that target. There have been people who have missed out on the target by the equivalent of an hour’s overtime and consequently have been unable to bring their loved ones to live with them.

The announcement of an increase in the threshold to £29,000, to £34,000 and eventually, it is believed, to £38,700 just before Christmas has caused great distress among my constituents, which has been echoed in the many contributions by Members this morning. People were extremely distressed because they did not know what that would mean for them, their families and their ability to have a family life. I want to put it on the record that the people affected by this change are our friends, our families, our neighbours and our constituents. I thank them all for the honour they have paid to Scotland by choosing it as their home. They deserve much better than having a price put on love and family life by the Conservative Government.

Many of these people do valuable jobs; they are not necessarily well-paid jobs, but they are indeed valuable to our economy and our society. As hon. Members have already highlighted, these jobs are in a wide range of sectors. The hon. Member for Westmorland and Lonsdale (Tim Farron) talked about people in the hospitality sector and other Members have talked about the impact on universities. The £38,700 threshold that has been talked about is well above the salaries of most post-doctoral researchers, so it will undermine Scotland’s ability to compete and attract people to work in science and technology, which are the great sectors where we want people to come and innovate. Such people are already hampered by the impact of Brexit, but they will be further hindered by the inability to attract people to come here.

Such a researcher visited my surgery quite recently. He had two teenaged children and sought to bring them here; eventually he hoped that his children would attain British citizenship. He had that all planned in his head as to how it would work. He knew it would be phenomenally expensive for a family of four to come here and do that, especially when we take into account the fact that they would have to renew their visas every two and a half years and the immigration health surcharge. Nevertheless, he was prepared to do that. However, the difficulties put in his way by the Home Office have led him to think, “Why am I doing this? Why would I incur so much expense when the Government make me feel as if it is not worth it and that I am not welcome?” That is an awful message for this Government to send out. As other Members have said, the system is already extremely expensive and people see little reward in it.

I was also contacted by an Australian-born British citizen who, over the years, has lived in both Scotland and Australia. He says that he wants to come here and bring his family with him, to bring up his children in Scotland. However, he has found the system prohibitively expensive and, once again, he wonders why he should engage with it. How many skills will we lose because this Government cannot see the value in what those people bring to our society?

Members have also pointed out that there is a disproportionate impact of the discriminatory and expensive proposal from the Government on women, people from ethnic minority backgrounds, young people and people who live in places where average earnings are not very high, particularly in Scotland. The Government have produced no equality impact assessment—I have not seen one—to say what the impact of this policy will be on people in different geographies, on women, ethnic minorities, self-employed people and young people. It seems absolutely ludicrous that they have gone ahead with this policy without publishing an equality impact assessment.



I had an email from somebody whose family had moved abroad, who is worried that the door is now being closed on such families to prevent them from ever returning. He writes:

“My British-born nephew living in Canada and married to a Canadian citizen would never be able to return to the UK with his family”.

This measure is not about a group of foreigners who want to come here. This affects people who are already here and people who moved abroad for work, love or study. They have had the door closed upon them by this Government. It is absolutely appalling.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Member for Sheffield Central (Paul Blomfield) for bringing this debate to the House. I apologise to him for not being able to come down immediately; this is my day on the Northern Ireland Affairs Committee. I want to put on the record my support for those across the United Kingdom who have the same problem as we do in Northern Ireland. I have fought a number of spousal and partner cases over the years, involving countries such as South Africa and the United States, where the issue of money has been critical. What the hon. Member for Glasgow Central (Alison Thewliss) and others have outlined is replicated in Northern Ireland, unfortunately, with greater severity, primarily because people in Northern Ireland have a smaller income than people in the rest of the United Kingdom, so for us it is critical. I commend both hon. Members for what they have said.

[Alison Thewliss]

As ever, the hon. Gentleman makes a very pertinent point. I would like to hear from the Minister what consideration he has taken of the effect on the nations of the United Kingdom. There does not seem to me to be any objective assessment of what this will mean and the impact it will have. The Scottish Government have expressed concerns. We in Scotland have presented an alternative to the UK’s hostile environment and awful, expensive immigration system, which damage Scotland’s economy and society. We would like to see devolution in the short term, and full control over the immigration system in the long term. At the moment, it certainly does not benefit the people of Scotland or work in our interests.

The impact on hospitality, retail and tourism of ending freedom of movement has been huge. The Labour party wants to continue that economically and socially devastating policy. A recent newspaper report about an Italian restaurant in London, where there is a better level of pay, said that the end of freedom of movement and visa thresholds were catastrophic for the industry. I have heard the same for many years from people working in Indian restaurants who want to bring particularly skilled chefs over from India, Pakistan or Bangladesh. This barrier in their path has an impact on the sustainability of those businesses. They cannot pay wages at the higher £38,700 level.

Will the Minister say why the salary threshold is £38,700? That figure has not yet been justified. Was it plucked out of air? We know that it did not come from the Migration Advisory Committee. I would like to know the evidence it is based on. If that is the minimum that anybody needs to live, why are wages in this country not £38,700 per person? Why has that been selected and plucked out of the air?

It is not that these people are a burden on the state, as the hon. Member for Sheffield Central (Paul Blomfield) mentioned. They cannot be, because they have no recourse to public funds; they cannot claim benefits. They pay into the NHS through the immigration health surcharge, which the Government have recently increased. They are not any kind of burden on the state; it is a complete untruth and deeply unfair to say they are. I would like the Government to tell us on what basis they consider that might be the case, because they have been deeply unclear about that.

In an excellent contribution, my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) talked about this policy being a means test on marriage. It is absolutely true that it is a tax on love. He talked of the impact on children, which I see regularly at my constituency surgeries in children who have been separated from their parents for a very long time. He spoke powerfully about the impact on children’s mental and physical health.

The Government claim that theirs is a family party, but it is not a family party if the only people picked are born in Britain and happen to be white. It is not a family party if it discriminates against people who happen to have been born somewhere else, or who fall in love with someone from somewhere else and have a family with them. The Government should think about the discriminatory impact of their policy and the message that that sends out about the status of Britain in the world. It does not happen in Scotland’s name. We seek an alternative—an independent Scotland where we can value everybody who comes, contributes, works, settles and lives in Scotland. We thank them for doing that. We do not close the door and make them feel unwelcome.

[Stephen Kinnock (Aberavon) (Lab)]

It is a pleasure to serve under your chairship, Sir George.

I thank and pay tribute to my hon. Friend the Member for Sheffield Central (Paul Blomfield) for securing this important debate. He delivered an incredibly powerful speech that included examples of people who have had their lives turned upside down by the policy shift. Many individuals and families across the country have been profoundly impacted and there is real concern about the Government’s policy changes and handling of them. I will come to those points shortly. First, I want to thank my hon. Friends the Members for Wirral West (Margaret Greenwood) and for Sheffield, Hallam (Olivia Blake), and my right hon. Friend the Member for East Ham (Sir Stephen Timms), for their important contributions to this debate.

The policy change to raise the minimum income threshold to secure a visa for a spouse from £18,600 to £29,000 and then later £38,700 is the direct result of the Conservative Government wanting to bring down immigration, after having allowed net migration to spiral to record levels of 745,000 in 2022, despite their repeated promise to the electorate that they would bring numbers down to the tens of thousands. In 2019 the incoming Conservative Government promised to reduce net migration, which at that time was 245,000, but since then that figure has trebled.

Labour is aware of that trend. We have set out plans to reduce our economy’s reliance on migrant workers by reforming the skills system, getting people off long-term sick leave and back into work, ending the 20% discount for businesses recruiting from abroad in shortage sectors and expecting businesses to draw up workforce plans to ensure they are able to recruit more local resident talent.

On the specifics of this debate, the historical stated aim of the spousal visa threshold was to make sure that couples and families have the income that enables them to be self-reliant, so that they do not need to rely on our social security system. That is why the income threshold was set at around £18,600 previously, with additional requirements per dependant. We agree with that basic aim, which is why the level set must genuinely reflect the income needed and required to support family in the UK. It must not be a number plucked out of thin air arbitrarily. That is why we have consistently raised concerns about the lack of an evidence base behind the initial increase to £29,000.

Extraordinarily, the Government have failed to provide any impact assessment of the number of people who will be affected by the shift or who will be prevented from coming to Britain to join their loved ones. Although we support attempts to deliver more sustainable levels of net migration to get the balance right in our economy and society, the Government must be honest and clear in providing a full impact assessment, so that Members are able to fully understand the impact of the proposed changes on their constituents and make informed choices based on an informed analysis.

The Opposition are strong believers in evidence-based policymaking, in stark contrast to the Government, who appear to be addicted to headline chasing, performative posturing and making policy on the hoof. We find it deeply disappointing that Ministers have chosen to shoot from the hip on policies across the spectrum of Government. To have done so on the matter that we are debating today is particularly reprehensible, given how directly it impacts on the deeply personal life choices that people have made and are making. Indeed, by appearing to pull these £29,000 and £39,000 thresholds out of thin air, Ministers have quite frankly behaved in a glib and flippant manner that is both contemptuous of Parliament and shockingly disrespectful towards the couples and families whose lives have been turned upside down by these changes.

The failure, or refusal, of Ministers to publish the impact assessment is particularly baffling because we know that both financial and equalities impact assessments have been completed, as my hon. Friend the Member for Sheffield Central pointed out in his speech. A report by the Secondary Legislation Scrutiny Committee makes clear its utter exasperation with repeated failures by the Home Office to publish the information that Members of both Houses need to properly scrutinise the proposed changes and consider their implications. In the Committee’s words:

“A failure to provide impact information and on a timely basis, makes it impossible for Parliament to scrutinise the legislation properly. Moreover, impact information should be a useful tool in the policymaking process, helping departments to refine and improve their proposals. It appears to us that, instead, the Home Office too often tacks on impact analysis as an afterthought.”

[Jim Shannon]

I apologise for intervening again, but I am very conscious that in Northern Ireland the average wage is £28,939. Many people are on a lesser wage than that. Does the shadow Minister believe that the Minister should ask, in my case, the Northern Ireland Assembly for their opinion on this? That would give him some realism about these facts and figures. The same thing should apply to the Scottish Parliament and indeed the Welsh Assembly, because connecting those three regions will produce with different figures.

[Stephen Kinnock]

I thank the hon. Member for that excellent intervention. He is absolutely right, because the point he is making is that we need to get an aggregate picture of the overall impact of this policy across the United Kingdom. Of course, that aggregate picture needs to be built up through the building blocks of key stakeholders and inputs, including the part of the United Kingdom from which he comes; I am sure that colleagues in Scotland and Wales would concur. He is absolutely right.

For good measure, the Secondary Legislation Scrutiny Committee’s report added that,

“We have criticised the Home Office’s explanatory material with such frequency that we are concerned there may be a systemic or cultural issue that is preventing the Home Office from getting it right.”

Will the Minister please explain the actual aim of this policy change? Is it to make sure that migrants are self-reliant and do not need to rely on our social security system, or has the aim changed? How was the £29,000 figure decided? Please could we see some workings around that? Why are the Government introducing a huge jump to almost £39,000? Again, why that particular number? Will he promise to consult fully on the impact of the £29,000 change and the need for any subsequent increase before moving any further? Why has he not provided an impact assessment for this policy, both for the £29,000 and the £39,000? Also, why has he not asked the Migration Advisory Committee to undertake a review into this policy change, or even asked for the committee’s view on it?

The first thing Labour would do, if we are privileged enough to form the next Government, would be to ask the MAC to review this policy and to make recommendations about the level at which the threshold for spousal visas should be set in future. The MAC review that we would commission would consider a range of factors, including the historical aim of ensuring that migrants are able to be self-sufficient, and how the benefits system connects with that aim. My hon. Friend the Member for Sheffield Central suggested exploring the way in which the threshold might interact with the minimum wage. The review would also consider the number of people affected, how they will be impacted, and the overall impact on net migration.

The MAC has not commissioned a report specifically on the family visa issue since 2011-12, but in its 2020 annual report it said that, given the amount of time since the 2012 changes came into effect, a fresh review could be worth while:

“We…think now would be an opportune time to reconsider the minimum income requirements associated with this route. The MAC are concerned that previous analysis may have given too much weight to the fiscal contribution of such migrants and insufficient attention to the benefits that accrue, to both the family and society, from the route. In addition, it is a considerable time since the current income requirements were introduced, so more evidence should now be available to review the impact of these requirements”.

Will the Minister please explain why the Government have failed to act on the MAC’s 2020 suggestion? Will he now commit to requesting that review?

Hard-working, good people, their partners and their families are at the very heart of the policy, so why did it take so long for the Government to confirm that people who are already here and are reapplying will be exempt from the threshold rise? It caused a huge amount of undue hurt and anxiety, and I am afraid it confirmed the view, held by many, that the Government are motivated by performative cruelty. On a related point, will the Government make it clear to all those who started a new application before the changes were introduced that it will be processed under the old thresholds?

Finally, will the Minister at the very least commit to make a statement to the House setting out the results of the impact assessment, rather than bulldozing through secondary legislation that could have a far-reaching and profoundly damaging impact on the lives of couples and families all over Britain?