Family Migration Rules

Kate Green Excerpts

Wednesday 19th June 2013 Westminster Hall

[Sarah Teather (Brent Central) (LD)]

I am incredibly grateful to the hon. Member for Ealing, Southall (Mr Sharma) for securing this debate, and I congratulate him on doing so.

I served on the all-party inquiry with the hon. Gentleman and with the hon. Member for—is it Stretford?

[Kate Green (Stretford and Urmston) (Lab)]

indicated assent.

[Sarah Teather]

I have actually got the hon. Lady’s constituency correct.

Many of us on that inquiry were really horrified by what we found, despite my own experience as a constituency MP and having encountered the frustrations of an awful lot of my constituents as they tried to deal with the new rules. Of course, as the hon. Member for Ealing, Southall said, the new rules have been in place for a year now and there is no doubt that they are proving a significant source of frustration and tension for family life without providing any obvious and immediate benefit to the UK. When the Minister responds to the debate, I will be very interested to see if he can tell us what benefits he considers the new rules have brought to the UK, because they are not immediately obvious to me; I can see many of the harms but I cannot see many obvious benefits.

The first thing that is very apparent about the new rules is that they represent a distinct philosophical shift in approach from the old rules. The system used to be tilted in favour of family life, subject to certain basic conditions being met, such as the ability to support a spouse coming into the UK and the ability to meet a basic income threshold, which was pretty much tantamount to a basic income threshold that we would expect around income support levels. Now, the system is tilted entirely in the opposite direction, and against family life, unless someone can meet certain requirements to demonstrate that their spouse who is coming into the UK is desirable in some way and meets some extra criteria. So rather than having a system that was very much about keeping families together, the system now is about serving an overall objective on immigration policy, with family life being significantly relegated in importance. Of course, it is not only family life that is being relegated in importance, but relationships, children’s best interests, basic human compassion and a certain level of common sense.

The consequence is that we have created a system that is highly inflexible and incredibly rigid, and that fails by its own narrow criteria in terms of preventing a burden falling on the taxpayer. What do I mean by that? The hon. Member for Ealing, Southall raised many of these issues, as did a number of the Members who intervened on him. One of my own reflections from having been on the all-party group’s inquiry was, “If you’re self-employed, woe betide you. You might be earning a fortune, but it’s incredibly difficult for you to demonstrate that you meet the Government’s criteria.” Money must be in certain very specific bank accounts; it must be accessible in a very specific way. Parents’ wealth is disregarded, so someone may have a very wealthy family who are more than willing to support them but that is not taken into account.

As the hon. Gentleman said, someone may have wealth tied up in other ways; for example, it might be tied up in capital. Once again, however, that is not adequate under the new rules. It is only someone’s earned income in the UK that is taken into account, so even if someone has been earning a small fortune abroad that is not taken into account. Equally, even if someone’s spouse earns a small fortune, if they come to the UK that is not taken into account either, and nor are their projected future earnings. Even by the incredibly narrow criteria of wanting income to be the most important factor and wanting people to demonstrate a level of wealth that the Government have decided is desirable, the system at the moment fails to deliver.

That is not to mention the hidden costs, which were highlighted by hon. Members in a number of interventions—the costs that are incurred by refusing someone permission to come to the UK. The obvious ones that we heard about during our inquiry were around caring burdens, particularly if the person who is here in the UK has some health problems, or if they have very young children and they have been separated from their partner. They might be able to go back to work if their partner was here in the UK to share child care. Without the partner, however, it is much more difficult.

Then there are the obvious things that the rest of government knows about. For example, if people are separated from their partner and families are divided up, the effects on mental health and on children failing to bond with one parent or another have a wide-ranging impact on behaviour and educational attainment. Of course, none of those more subtle things is taken into account either.

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[Dr Julian Huppert (Cambridge) (LD)]

rose—

[Kate Green]

rose—

[Sarah Teather]

I will give way to my hon. Friend the Member for Cambridge (Dr Huppert) first.

[Sarah Teather]

The classic story that we heard in the inquiry was that people are going somewhere else in Europe to make a home, and waiting until their partner gains EU citizenship there. During that time they donate their skills, wealth and significant social contribution to another European country, and they may or may not return to the UK.

[Kate Green]

It was a pleasure to serve with the hon. Lady and my hon. Friend the Member for Ealing, Southall (Mr Sharma) on the Committee. Does she agree that one reason why these rules may be being applied so rigidly is a lack of confidence in the decision-making powers and abilities of Border Agency officials, and that investment in training them to make sensible decisions, rather than imposing blanket rules, would be a fairer and more sensible approach?

[Sarah Teather]

I think it would. I have to say that it would be wiser if we were not being driven entirely by an objective to keep numbers down, but that is perhaps another story.

I should like the Minister to respond to what I am now going to say about the best interests of children. When I was a Minister in the Department for Education, we committed the Government to standing by and meeting our commitment on the United Nations convention on the rights of the child and to take into account children’s best interests when decisions are made. What account is being taken of that now by the Minister’s Department, as it looks at the rules and their impact? Has any assessment been done and has any discussion been had with Department for Education officials on this point? If he is unable to answer that question today, I should be grateful if he wrote to let me know.

The impact of the rules on bringing in grandparents and elderly dependants is just as shocking as that of the spousal rules. Almost no approvals have happened since the new rules came in. It was described to me by one lawyer as a ban masquerading as a rule, which is probably a rather more effective way of describing the problem. If almost nobody can come in, that demonstrates what the Government want to do, and it might have been more honest if that had been done in the first place. The hon. Member for Edinburgh North and Leith (Mark Lazarowicz), who is no longer in his place, intervened on the hon. Member for Ealing, Southall and made a similar point. It is almost impossible to meet the rules. People must have a high income and must be clear that their family member will not have recourse to any kind of benefits, and sign something to say that that will not happen. They must also demonstrate that the family member is so sick that they must come here, and cannot possibly have their care needs met in the country where they are, even if they were to pay for it.

Almost nobody will meet those criteria. One lawyer said that he had been thinking through all the possible scenarios and the only example that he came up with where somebody might meet such criteria was if they had an elderly dependent relative in Monaco and had enough money here to meet the first part of the rules, but because care is so expensive in Monaco they would not be able to afford to pay for it there. That would probably be the only way we would allow such people to come to the UK. If we are going to have a ban, let us at least be more honest about it.

The consequences of the rules were drawn to our attention in the inquiry most notably by the British Medical Association, which said that they were among the biggest challenges in planning resourcing around consultants and senior doctors, many of whom are second-generation south Asian and want to bring a relative. For example, two people who are partners, both of whom may be highly paid consultants capable of supporting an elderly dependent relative but with no means of meeting the rules, might end up moving to Singapore. If such highly trained, highly valued people go somewhere else to work so that they are able to be with their family members, that is a significant drain on our national health service.

The current system seems to me to be inhumane and lacking in basic common sense. It cuts across a whole set of areas that the Government say are a priority: it cuts across our commitments on family policy, on early intervention and on our obligations under the UNCRC. We heard in our inquiry that the rules disproportionately affect those from poorer communities in the UK, such as Bangladeshis and Pakistanis, and that women, who struggle to earn the same wages as men, are particularly affected. The system affects not only those people but many highly paid British citizens who may never have thought that they would meet the full force of the immigration system preventing them from having a happy family life. I strongly urge the Minister to review those rules properly and to reconsider them.

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[Kate Green (Stretford and Urmston) (Lab)]

It is a pleasure to take part in the debate, Mr Owen. I pay tribute to my hon. Friend the Member for Ealing, Southall (Mr Sharma) for arranging it, and for serving as vice-chair of the inquiry. I am pleased to see the hon. Member for Brent Central (Sarah Teather), who added a great deal of value to our discussions. I also thank Migrants Rights Network, which was useful and supportive in briefing the inquiry committee and gathering evidence for us, and the many people who shared their experiences, either in person or in writing.

For me, as for other hon. Members taking part in the debate, this is a constituency issue. Many of the constituents who have talked to me about the rules’ effect on them and their families are particularly upset, because they have been preparing for family weddings, or have planned for a long time to bring a relative back to care for them. They feel strongly that the rules cut across their strong attachment to the importance of family ties and family life. We recognise, as other hon. Members have said, the need to manage migration and protect the public purse, but the rules must be fair to families, and effective. We have heard of many instances where they were neither.

I recognise that the income threshold, at £18,600, is at the lowest end of the range suggested by the Migration Advisory Committee to take households out of reliance on benefits. However, as the Chair of the Select Committee on Justice—the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith)—and other hon. Members have said, the threshold will have a differential impact on different sponsors, and it will create a significant disadvantage for those who, by definition, are likely to be on low earnings. That includes women sponsors, who typically will be on incomes lower than men’s. They often work part time; also, taking time out of the labour market to care for family members may have depressed their ability to progress at work. Young people will also be disadvantaged. Let us not forget that many who want to bring in a spouse will be young, because they will be starting out on their adult and family life.

The people who would want to make such an application are often precisely those whom the rules will most effectively work against. Others who will be disadvantaged are those who struggle to earn well—people with low levels of qualifications, people with disabilities and those outside high-pay areas such as London and the south-east. Last week in my constituency, I was told of a young woman who has been forced to take three jobs to try to meet the income requirement and bring in her spouse.

It is important to understand that we are not talking just about poorly paid, poor-quality, low or entry-level jobs. The inquiry committee heard evidence from the Royal College of Nursing that health care workers can typically earn between £14,153 and £17,253, so they would be below the income threshold of £18,600. Pay levels in many other sectors, such as retail, security, administration and customer service, and in the public sector, are likely to mean people will not meet the threshold. That is unfair to UK sponsors, many of whom have lived here all their lives—people who are British-born, of British families—who cannot fulfil the income requirement. Those people make a valuable contribution to the economy and provide services that we all depend on. They are being told, in effect, that they cannot carry on living in their own country with their spouse. They are shocked and surprised to find that out.

As to the impact of the rules on the public purse, the picture is more complicated than the Government’s analysis and impact assessment may suggest. The Government suggested in their assessment that there would be savings to the overall welfare state—health, benefits, education and so on—of £660 million over 10 years. However, we must remember that most migrant partners would work and pay taxes. They would therefore be contributing to the public purse. Evidence presented to the committee by researchers at Middlesex university suggests that by preventing up to 17,800 migrant partners from coming to the UK and working here, the income requirement could lead to a cost to the UK Exchequer and economy of as much as £850 million in lost economic activity.

The Government impact assessment took account of tax forgone by reducing the number of migrant partners entering the country, but failed to consider the loss of the wider economic benefits of partner earnings: lost output, lower consumption and spending in the economy, and the loss of their overall economic contribution. Nor is it clear that the benefits bill will reduce as the Government expect.

[Dame Joan Ruddock]

If the resident person was on a very low income, so that they qualified for housing benefit, and they were joined by a partner who was in work, would not the benefit be set aside and no longer claimed? That is a different picture from the one that the Government always go on about, of people depending on housing benefit.

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[Kate Green]

That is right, and that is one of the perversities in the operation of the rules. Some families who could be floated off benefits if there were two adults in the household are being forced to remain on benefits because a second earner will not be coming to support the family—which may be a family with children. The hon. Member for Brent Central alluded to the fact that in some cases parents are forced to rely on benefits because they cannot share the responsibility for care of children with the other parent. Also, not being able to bring a spouse into the country to share the balance of parenting and working will affect the ability of the parent who is already here to enter the labour market or increase their working hours. We know sharing those roles is a feature of lifting families out of poverty; those two sets of earnings are important in keeping families off out-of-work benefits.

Quite a large part of the Government’s assessment of the benefits that would be affected has to do with benefits for children—child benefit and child tax credit. They are paid for children who are British citizens. In some cases they will continue for those children, but in a family in which only one parent is here to support the child; so the overall benefits impact is rather more complicated than the Government suggest.

[Keith Vaz]

My hon. Friend is making a powerful speech. Did she find that mostly, in the case of people who gave evidence to the inquiry committee and wanted to bring in male spouses, those spouses wanted to work when they arrived, not sit at home? Obviously, they could not claim benefits, because it would be against their undertaking, but most want to arrive and work, so they would soon be over the threshold anyway.

[Kate Green]

That is right. Indeed, we already know that migrant male workers are more likely to be in work than non-migrant people of working age. The history of migrants, and particularly male migrants, arriving in this country is that they want and intend to work, and contribute to our Exchequer and the wider economy. Women migrants may be less likely to work than non-migrant adult women, but their earnings tend to be a little higher; so, again, the labour market picture is more complicated than the simple notion that may have been assumed—that a spouse coming to this country will simply be dependent. In fact, the opposite is often the case.

As the hon. Member for Brent Central said, we need to recognise some of the more indirect costs that we are piling up for society. I absolutely agree with her about the potential long-term impact on the public purse of separating children from their parents for long periods. We know that separation can have long-standing and detrimental effects on children’s health, including their mental health, and on their educational attainment and behaviour, all of which will increase costs to the public purse down the line. The Office of the Children’s Commissioner for England has made a strong case for children’s right to have their best interests taken into account as one of the factors considered by the Government, but it is important to recognise that not only a moral and legal but an economic case can be made in relation to children. The Government should also consider the long-term economic impact.

The committee and I ask Ministers for a much more comprehensive review and assessment of the fiscal and economic impact of the policy, in both the short and longer term. The rules are causing hardship. They are riddled with inconsistencies. In some cases, I believe them to be discriminatory under our equalities legislation, and in terms of protecting the public purse, it seems that they may in fact be having a perverse effect. For those reasons, the committee strongly urges the Government to take the time to conduct a full review of the impact of the new rules on families and communities, and specifically to examine further the effect on the public purse.

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[Mr Harper]

The point I was making was about people who come here when they are not entering into a genuine marriage. I will not have a chance now to find the data. If the hon. Gentleman had asked me earlier, or made a speech, I would have been able to find them before the end of the debate. I want to try to answer the questions that hon. Members have already asked.

I turn to some matters that will address the point made by the right hon. Member for Lewisham, Deptford (Dame Joan Ruddock). There are some areas where we have been flexible already. I had a meeting with the hon. Members for Slough (Fiona Mactaggart) and for Bristol East (Kerry McCarthy), who were here earlier. We looked at some flexibilities, which I agreed to take away and consider. They were about the length of time for which savings must be held if they arise from the realisation of an asset that can be clearly traced to that family. The example that was given to me was someone selling a property that was clearly their property. I also said I would consider the situation where people hold savings in an investment-based account, such as a stocks and shares ISA, and whether that counts as cash.

I am prepared to consider whether we can put in place some rules that are not vulnerable to abuse. The best argument was the example of a couple, one of whom would be working here but was insufficiently skilled to meet the criteria to apply under the tier 2 scheme. I thought one of the examples in the report was a bit odd. I struggled to see how someone who earned £400,000 a year and had £3.5 million of assets could not come here on a tier 2 visa, or would be unable to organise their finances sufficiently to meet the rules. If people can get here under a tier 2 visa, that is fine. However, clearly there are people who could make a contribution but could not meet those criteria.

The situation is not quite as straightforward as people say, because we must guard against abuse. If all people have to do is to show a piece of paper saying that they have a job offer, I know from the number of cases I have seen that it will not be long before people are setting up vague companies and offering jobs that do not exist. There must be a way of putting in place processes that do not lead to abuse. I think that is worth doing and I am prepared to go away and do so. The Chairman of the Home Affairs Committee said that I listen, and I do. I see details of cases that colleagues write to me about, and I am keen to ensure that the rules are fair. They have been in force for less than a year, and we have already made some changes to make them more flexible.

Another suggestion was to have a different income level across the country, and the Migration Advisory Committee looked at that. We do not have a regionalised benefit system, with the exception of housing benefit. Most benefits are consistent throughout the UK. The logic for having a different income limit would mean a different benefit system throughout the United Kingdom. I do not know, but I am guessing that most Members who argue for a regional income level to be taken into account for this process would probably not be in favour of a regionalised benefit system.

[Kate Green]

Will the Minister give way?

[Mr Harper]

I have only 50 seconds left and I have not covered all the points. Let me pick up two specific points. The hon. Member for Brent Central (Sarah Teather) asked whether there had been any discussion with the Department for Education on children’s best interests. Yes, there has been. Our family consultation and the statement of intent that we published were discussed with all relevant Departments in the way that one secures agreement across Government. Our rules and policy on leave outside the rules take into account a child’s best interests. I will give an example. In exceptional cases, those circumstances can be taken into account. Since I have been doing this job, I have authorised the grant of leave outside the rules to an applicant who, with their British partner, was unable to meet the income threshold but had serious concerns about the health and welfare of a child.