Mark Harper
Main Page: Mark Harper (Conservative - Forest of Dean)Department Debates - View all Mark Harper's debates with the Home Office
Family Migration Rules
Mark Harper Excerpts(11 years, 5 months ago)
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The Minister for Immigration (Mr Mark Harper)
I am pleased to serve under your chairmanship, Mr Owen. I congratulate the hon. Member for Ealing, Southall (Mr Sharma) on securing this debate. Before responding to him, I want to respond to points made by other hon. Members.
The hon. Member for Rhondda (Chris Bryant) took well over half the remaining time, so I will probably not be able to take many interventions, and I will struggle to cover some points. In response to the point that the right hon. Member for Leicester East (Keith Vaz) ably made, apart from the commitment by the Opposition to repeal our changes to the family visa appeal route, I struggled to hear any commitments from the Opposition on what they would do about our policies. That may be a disappointment to Opposition Members, but the Labour party does not seem to think that it will change any of the rules that we have laid out. That is the impression I got from the speech of the hon. Member for Rhondda, so I suspect that he will be popular with people wanting to bend his ear. Despite saying nothing about the Opposition’s policies, he took a long time in doing so.
I will say a few words about the intentions of our policy, and then try to pick up some of the points ably made by the wide range of hon. Members who spoke. A general point about the immigration system is that we are determined to take control of it and to restore public confidence. We have made considerable progress with the changes on numbers, reducing net migration by more than one third since the election. The issue is not just about numbers—my hon. Friend the Member for Croydon Central (Gavin Barwell) touched on this—but about preventing abuse and setting out sensible rules that people can follow. That was the context in which we implemented the reforms to change the rules for family migration for non-European economic area nationals seeking to enter or remain in the UK on the basis of their family life.
The rules have three aims. The first is to tackle abuse. The hon. Member for Ealing, Southall referred to the extension of the probationary period from two years to five years before partners can apply for settlement. That is to test whether the relationship is genuine and should help to deter applications based on sham marriages. That not only deals with abuse, but protects people who are often forced into sham marriages to provide a mechanism for someone to come to the United Kingdom. That is a welcome change.
Secondly, we want to ensure that family migrants are better integrated into British society, which is why, for example, from October 2013 they will have to pass the new “Life in the UK test” and demonstrate that they can speak English at intermediate level. Our view is that no one can properly integrate into British society without at least intermediate English language skills.
The third aim, which hon. Members largely focused on today, is to prevent a burden on taxpayers, which is why we have introduced the minimum income threshold of £18,600 for those wishing to sponsor the settlement of a partner.
Mr Harper
No, I will not give way because the hon. Lady has not been here for the whole debate and I want to deal with points raised by hon. Members who have been here, if she will forgive me.
The central point, which came into all the contributions, is that we welcome people who want to make their family life in the United Kingdom, but we expect them to pay for it and we do not expect taxpayers to pay for it. This may be one area where our welfare system interacts with the immigration system. The £18,600 figure is not arbitrary—I agree that the Migration Advisory Committee did some serious evidence-based work. It is broadly the figure at which a couple are no longer able to have income-related benefits. If the argument is that that figure is high and that many people in this country will not earn that much, we must remember that they may have a level of income at which they may receive income-related benefits. That is the challenge.
I would turn the question that some hon. Members have asked around. If someone is on a very low income and wants to bring a partner to the United Kingdom, they are really saying that they want the taxpayer to support them. Hard-working families around the country would ask why their hard-pressed taxes were being used to fund someone else’s family, because that is what they would be asked to do.
Dame Joan Ruddock
The Minister said “a couple”. Our argument is that we should let the other person in on the basis that they will take work, and then be above the threshold and not claiming public benefits.
Mr Roger Godsiff (Birmingham, Hall Green) (Lab)
Will the Minister give way?
Mr Godsiff
That is kind of the Minister. I was waiting for his speech so that I could ask my question. Will he tell us how many applications have been made by spouses who come here for the two-year probationary period to try to access benefits? He must have some figures, so can he tell us?
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.
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.