Partner and Spousal Visas: Minimum Income

Paul Blomfield Excerpts

Tuesday 23rd April 2024 Westminster Hall

[Paul Blomfield (Sheffield Central) (Lab)]

I beg to move,

That this House has considered minimum income thresholds for partner and spousal visas.

I am pleased to speak with you in the Chair, Sir George. I want to express my gratitude to the Backbench Business Committee for providing me with this opportunity, as well as to Members across the House who supported the application. I am pleased to have the opportunity to raise the issue because insufficient attention has been given to the threshold changes in the wider debate on migration. Constituents whose lives have been turned upside down by December’s announcement have written to me; I know people have written to many colleagues, too. They are victims of the chaos in Government migration policy, which does not seem to extend beyond the mantra of stopping the boats.

[The Minister for Legal Migration and the Border (Tom Pursglove)]

indicated dissent.

[Paul Blomfield]

I see the Minister shaking his head, so I will put my points to him. The Government have talked about migration as a problem, but have failed to come up with a solution that addresses the real challenges. When faced with the rising net migration figures in November, the Government seemed to hit out in all directions, looking to headlines but without regard to the consequences; removing the rights of care workers to bring dependants without regard for the impact on those needing care; increasing the salary threshold for the skilled worker visa without regard to the needs of critical sectors; reviewing the graduate visa without regard to the impact on universities whose funding model has been designed by the Government to be dependent on international students; and, in relation to this debate, introducing new thresholds for family visas without regard to the consequences for families.

Let me be absolutely clear: nobody wants uncontrolled migration. What people want is a comprehensive plan that is fair and works in the interests of our country. The announcement of family visas fails that benchmark. It had all the feel of a policy developed on the back of a fag packet, as we used to say. First, the Government announced that they were more than doubling the threshold to £38,700 by spring 2024. Within days they changed course and said there would be a phased approach starting at £29,000 in spring ’24, rising to £34,500 at an unspecified date later in ’24, and then £38,700. Only later, in response to a petition, did they confirm that the £38,700 would be delayed until early 2025.

Originally a spokesperson said the threshold would apply to visa extensions, but, thankfully, later contradicted that and confirmed that that would not be the case. What is left from the original announcement remains a big change so, as required, the Home Office carried out an impact assessment. However, it has refused to publish it, which was highlighted by the recent House of Lords Scrutiny Committee report, presumably, as with previous Home Office impact assessments, because the results were not favourable to its arguments.

I will share the impact that my constituents have told me the policy would have on their marriages, family life and future. The first constituent to write to me was a charity worker and, as such, was willing to accept a low income, but his willingness to make that salary sacrifice would prevent him having the opportunity to settle here with his fiancée from Argentina. Another told me that he had met his Chinese girlfriend while studying at university. They had planned to start their graduate life together in the United Kingdom, but will now not be able to do so. A midwife told me that she cannot bring her husband over so they could start their family here.

One man wrote to me to say that he had recently got engaged to his partner in Qatar and planned to have a civil partnership here in the UK, but those plans were off. Others told me that they were considering dropping out of degrees to fund full-time employment to meet income requirements, and one told me of the devastating choice between leaving the UK or leaving the person they love.

[Afzal Khan (Manchester, Gorton) (Lab)]

I thank my hon. Friend for holding this important debate. The most common origin countries for which family-related visas were granted last year were Pakistan and India, yet workers of Pakistani heritage have the lowest median hourly pay of any ethnic group, meaning they are less likely to meet the minimum income threshold. Does my hon. Friend share my concern that the policy only entrenches the UK’s hostile immigration environment, as it is likely to be overwhelmingly discriminatory against ethnic minorities, particularly British Asians?

[Paul Blomfield]

My hon. Friend makes an important point and I will come on to it. Across communities, ordinary people doing valuable jobs are having to rethink their lives. Let us reflect for a moment on the sorts of jobs that would not reach the minimum income.

[Margaret Greenwood (Wirral West) (Lab)]

I congratulate my hon. Friend on his important speech. I, too, have had a number of constituents get in touch. People are upset and they cannot quite believe this is happening. One constituent wrote of how the legislation will affect a close friend and described the changes as having “discriminatory, classist overtones”. They went on to say:

“No other respectable free country financially penalises its citizens for marrying immigrants.”

It is moving when we think of the matter in those terms, is it not? As my hon. Friend says, this is just people trying to go about their lives. They meet someone, they fall in love and then they have to make a dreadful decision.

[Paul Blomfield]

My hon. Friend is right. This is discriminatory not simply in the way my hon. Friend the Member for Manchester, Gorton (Afzal Khan) mentioned, but in terms of wealth.

Let us reflect on the sorts of jobs that would not reach the minimum income. A newly qualified nurse is below the starting threshold on a salary of £28,407; a newly qualified teacher is well below the higher threshold at £30,000; and a starting police officer on £36,775 is again below the threshold. Entry-level positions in business start-ups are also below the threshold at £37,500. The University of Sheffield told me that 557 of its researchers—people doing vital work in the life sciences and in research for our economy—are on a salary below the threshold.

According to the Migration Observatory, around 50% of UK employees earn less than the £29,000 threshold and 70% earn less than £38,700. That means that 50% to 70% are unable to marry a non-British citizen of their choice and live together in the UK. There are significant regional variations too, with average earnings in London around 30% higher than in the north-east, for example, and in my area of South Yorkshire average earnings are around £27,000. People in Yorkshire and the Humber, the north-east, the north-west, the east midlands, Wales and Northern Ireland will be worst affected.

The new rules will discriminate in other ways too. They will particularly affect women who, on average, earn less and are more likely to have caring responsibilities and therefore do not work full time. They discriminate against minorities, as my hon. Friend the Member for Manchester, Gorton pointed out. They have a disproportionate impact on the self-employed, on younger people and those at the early stage of their career. Why, therefore, are the Government doing it? They argue that it is to stop people being a burden on the state. I look forward to the Minister trying to advance that argument.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

The hon. Member makes a compelling case. On the question of regional and local variations, in my community, we expect young people to go away for further and higher education due to the limited provision within the community. I encourage that, because I always say to young people, “Orkney and Shetland will still be here when you are ready to come back.” They go away, they meet people from other parts of the world, they fall in love and they want to bring them back. That enriches our communities in so many different ways, quite apart from the economic and social contribution. Does that aspect—the human aspect—for communities such as ours not really deserve be given better consideration by the Government?

[Paul Blomfield]

The right hon. Member is right; the failure to consider the human aspect of the decision runs right through the policy. As I say, the Government are arguing that it is to stop people being a burden on the state, yet those who come to the UK on a spousal visa do not have access to public funds. They are also required to contribute to NHS costs with the immigration health surcharge, which has been rising significantly. Indeed, many are younger and do not use the NHS very much at that point.

[Margaret Greenwood]

It is argued that immigrants are a burden on the state, but study after study shows absolutely the reverse: young, fit and healthy people come to work here. They are not a burden on the state and they contribute to society, so we really need to debunk the myth that the Tories are peddling.

[Paul Blomfield]

I was not suggesting they are a burden; I was simply reflecting the Government’s argument. My hon. Friend demonstrates, in addition to my argument, that those people are clearly not a burden.

It is not as if family migration is a big problem. Although the absolute number of family visas issued nearly doubled between 2020 and the end of September ’23—I am sure the Minister will make that point—their proportion in relation to entry visas has remained consistently low, at 5%. The policy will not have a significant impact on the UK’s net migration, but for the families affected, the effect is enormous. They will be separated and forced to live apart if they cannot meet the threshold. As my hon. Friend said, some who could make a valuable contribution to this country in all sorts of careers will be forced to leave the UK altogether—many have told me that that is their plan. It is fundamentally unfair that partners and families are being priced out of the right to live in the UK with a foreign partner—priced out of their right to a family life on the basis of how much they earn. It is a two-tier system based on wealth.

Our approach compares badly with those of other countries. All developed countries face the challenge of migration policy. Although the Government sometimes suggest that it is a unique challenge for us, it affects every country in Europe, the States and the whole of the developed world, but those countries do not all adopt the same approach. Over the past few weeks, the Government have cited Australia admiringly as a model for migration policy, but it has no earnings threshold for family visas. In many other countries, such as Germany, the right to reunite with spouses is almost automatic, with no income requirement. Some countries do require proof of sufficient resources, but for those that express that as a minimum income, including Belgium and Norway, the threshold is nowhere near the one proposed by the Government. Countries such as Spain and the Netherlands link it to social security levels. In the US, it is 125% of federal poverty guidelines, which means in real terms that it is pretty similar to the current threshold in the UK, before the Government’s proposed change.

It is no wonder that the Migrant Integration Policy Index, which compares countries across Europe, the US, Canada, Australia and others, ranks the UK as next to the bottom of 56 countries for its policies on family reunification and integration, so there is a strong case for the Government to think again. If we are to have a threshold, there are fairer approaches. Currently, the threshold is close to the national minimum wage—that is one benchmark. It could be set against the national living wage—just over £22,000 for somebody working 37.5 hours a week. That would be well below the proposed threshold, and it would take out the wealth barrier to family life that the Government are imposing. We could take account of spouses’ anticipated earnings on arrival, as we do after they are in the UK.

The point is that there are options. We need a root-and-branch review of the spousal migration rules that considers the unfairness at their heart and the disproportionate impact of the Government’s proposals on so many. In the meantime, the planned increased this year and in 2025 should be suspended, and the Government should listen to those whose lives are being affected.

[Sir George Howarth (in the Chair)]

Order. I remind Members that those who want to be called to speak should bob.

--- Later in debate ---

[Tom Pursglove]

I have already given way to the hon. Gentleman. I am conscious that I want to allow the hon. Member for Sheffield Central the time to say a few words at the end.

The MIR was introduced in July 2012 to ensure that family migrants could be supported at a reasonable level, so that they do not unreasonably become a burden on the British taxpayer, and to help to ensure that they can participate sufficiently in everyday life to facilitate their integration into British society.

[Paul Blomfield]

Given that the Minister has heard from many Members that spouses coming to the UK have no recourse to public funds and pay the health surcharge, in what specific way are they a burden?

[Tom Pursglove]

I wanted to come to that point in the course of my response. On access to public funds, our position is that the MIR will prevent migrant partners from accessing public funds until they achieve settlement, when they would be entitled to access public funds should they be needed. They are not entitled to public funds on arrival, as has been said and acknowledged, but if they are destitute or at risk of destitution, if there are reasons relating to the welfare of a child, or if there are exceptional circumstances, that dynamic changes. Where we allow access, the applicant is likely to move to the 10-year route to settlement. That is where access to public funds is relevant.

The minimum income requirement has not been increased in line with inflation or real wages since its introduction, nor has it been adjusted in the light of rising numbers of migrants using the route. In that context, we have reviewed the threshold and taken the decision to raise it to match the level of income needed for someone to come here as a skilled worker—as Members will be aware, that is £38,700 per year—which ensures that migration policy is supportive of our wider ambition for the UK to be a high-wage, high-productivity, high-skill economy. That is the basis on which the level has been determined.

On the issue of consultation with the Migration Advisory Committee, we considered previous advice and evidence provided by the MAC regarding net fiscal contributions and access to benefits when we made the decision. We did not seek further advice from the MAC before making the decision to increase the MIR.

--- Later in debate ---

[Paul Blomfield]

I thank all colleagues for their contributions, and particularly the hon. Member for Stroud (Siobhan Baillie). I reassure her that I know she is not alone on the Conservative Benches in the concerns she expressed.

Contributions to the debate came from all parts of the UK and from six political parties represented in the House. We might present our arguments through the prism of our particular party perspective, but I think the same case has shone through all contributions: that this policy is not fair and not in our country’s interests. There are different approaches that should be explored. We need to drop this policy now and to develop a better alternative, and referring it to the MAC would be a useful first step.

Question put and agreed to.

Resolved,

That this House has considered minimum income thresholds for partner and spousal visas.