Immigration Rules: Spouses and Partners

Robert Goodwill Excerpts

Tuesday 31st January 2017 Westminster Hall

[Stuart C. McDonald]

The hon. Gentleman makes a fair point. I will come to the disproportionate impact of the threshold in just a moment.

When those two rules are combined, astonishingly almost half the UK population would be excluded from ever being able to sponsor the person they love to come and join them, if that person happened to be from outside the EU. As the hon. Gentleman just said, there are disproportionate impacts on some segments of the population, for fairly obvious reasons related to average incomes, so even higher proportions of young people, women and some ethnic minorities, and essentially all those who live outside London and the south-east, are affected.

Tens of thousands of adults have been forced by the Government to choose between the country that is their home and that they love and the people who they want to share their home with and who they love even more. That is a horrible and cruel choice. What is the Government’s justification for that? The official Government position is that it serves to protect the public purse and encourage integration. The first of those is of dubious accuracy and questionable relevance. The second I fail completely to understand at all, so I will listen with interest to what the Minister has to say if he wants to maintain that argument. I simply note that it was comprehensively rebutted in a report for the Children’s Commissioner that I will consider shortly.

On the public purse issue, the Government claimed that the requirement would save £660 million over 10 years —it would be good to know if they are doing up-to-date research on that—but Middlesex University has persuasively argued that the coalition Government, who introduced the rules, did not take into account the loss of the wider economic benefits of migrant partners’ economic activity. In fact, its model suggested a cost to the taxpayer over that period of £850 million.

Needless to say, the Government did not accept that analysis and pressed ahead, fixing a threshold at the level that the Migration Advisory Committee said would be the annual gross pay required for a couple at which they would not receive income-related benefits, assuming weekly rent of £100. I am not criticising the MAC, which functions like a finely tuned, high-spec computer performing some amazing analysis. However, as with such a computer, the principle of “garbage in, garbage out” applies: if a half-baked question is asked, a half-baked answer is given.

As the MAC pointed out, its deliberations were based purely on economic considerations and did not take into account wider legal, social or moral issues related to family migration. That was absolutely correct. Of course, in implementing its recommendation, the Government did not think to factor in that even if £18,600 was the right threshold, both halves of the marriage or partnership should be allowed to contribute to meeting it, not just the UK sponsor. A talented non-EU national could have a job offer—they might even have worked in the UK in the past under a different visa—yet they cannot join their spouse or partner here if their UK spouse or partner is, agonisingly, just a few hundred pounds short of the income threshold. That makes absolutely no sense.

[The Minister for Immigration (Mr Robert Goodwill)]

I, too, pay tribute to the MAC for its work. Does the hon. Gentleman recognise that the MAC recommended a range between £18,600 and £25,700 and that, given that range, the Government chose the lowest figure they could?

[Stuart C. McDonald]

It is true the Government chose the lesser of two evils, but I go back to the point I made before: it all depended on the question that the Government asked of MAC, which dictated the answer that came back. They could have looked at a million different alternatives. For example, in some litigation before the courts, reference has been made to the minimum wage, which is considerably less than £18,600. In my view, there was nothing wrong with the threshold previously in place, which was broadly £5,500—a rate that equated to income support at that time. There is even a case for removing the financial threshold altogether. So, yes, the Government chose the lesser of two evils, but that was from the question they asked in the first place.

The all-party parliamentary group on migration rightly pointed out that there will be many cases where the separation of parents leads to increased reliance on social security benefits. All of that is largely hypothetical anyway, since as we all know the non-EU spouse is prohibited from accessing social security benefits in any event for five years.

Ultimately, we should not engage in a balance-sheet debate that excludes from consideration family life and the best interests of children. We are talking about people—husbands, wives, mothers, fathers, sons and daughters—whose lives are being absolutely ruined. I have no doubt that colleagues will raise many constituency cases today, and each of them is absolutely deserving of our attention.

--- Later in debate ---

[Ms Abbott]

Exactly. I am grateful to the hon. Gentleman for showing how the demonstration corresponds with this morning’s debate. The issue is not just that they are seeking to tighten immigration rules in the United States, but the harshness, the unfairness and the arbitrary way of how it has been done. These maintenance funds requirements are another example of harshness and unfairness, and of not thinking through how the changes would operate in practice. I have no hesitation in saying that this policy and these maintenance funds requirements are impractical, unjust and counterproductive.

As other Members have reminded us, this issue is still before the courts. This is not just a question of Opposition MPs making all sorts of aspersions on Government policy. In July 2013 the High Court did not actually strike down the rules as unlawful in general, but did find that the way they are applied amounts to a disproportionate interference with family life in certain cases. Several Members have raised the issue of the interference of these rules in family life. In July 2014 the Court of Appeal allowed the Government’s appeal against the High Court decision. In May 2015 the Supreme Court granted permission to appeal against the Court of Appeal’s decision; it heard the appeal last year and is yet to hand down judgment.

We might think that, faced with court rulings saying that these maintenance funds requirements have a disproportionate effect on family life, any Government concerned about supporting family life might step back and review their operation. When all is said and done, however we define a husband and wife and however we define a family, strong families are one of the building blocks of our society. Whatever their concern about what the tabloid press says about immigrants on any given day, no Government should wilfully pursue policies that have the detrimental effect on family life that these maintenance requirements do.

Like many Members who have spoken, I deal with the practical consequences of these rules every week in my advice sessions. As we all appreciate, I have the difficult task of trying to explain to distraught husbands or wives that these rules exist and that because of someone’s country of origin, they face this arbitrary hindrance on family reunion. In June 2013, as other Members have mentioned, a report by the all-party group on migration called for an independent review of the requirement and its impact. The Government have yet to respond to that demand.

As we know, the policy requires non-European economic area visa applicants to have available funds equivalent to a minimum gross annual income of £18,600. It is inherently discriminatory because it requires a higher income threshold in cases that include non-EEA children. It is also discriminatory because in many cases only the British and settled visa sponsors’ employment income can be considered. It discriminates against women because their incomes tend to be lower, and effectively encourages family and partnership break up. As other Members have said, the Migration Observatory found that 28% of non-EEA men and 57% of non-EEA women did not meet the threshold. Consequently, the policy hits some ethnic groups harder than others, notably Pakistani and Bangladeshi applicants.

[Mr Goodwill]

I thank the hon. Lady for giving way. Will she say what the official Labour party policy is on this issue? Would she reduce that figure or would she abandon it altogether?

[Ms Abbott]

We would do what so many people have asked the Government to do: review this policy and put in place rules that are fair, equitable and do not inevitably lead to the break-up of families.

--- Later in debate ---

[The Minister for Immigration (Mr Robert Goodwill)]

It is a great pleasure to serve under your chairmanship, Ms Ryan. I congratulate the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald), and indeed the hon. Member for Inverclyde (Ronnie Cowan), on securing the debate. I intend to leave some time for the hon. Member for Cumbernauld, Kilsyth and Kirkintilloch East to conclude.

I will seek to respond to the points that hon. Members have made. We welcome people who wish to make a life in the UK with their family, to work hard and to make a contribution. However, family life should not be established here at the taxpayer’s expense and all migrants, including those who are joining family, must be able to integrate into our communities.

The immigration rules for spouses and other partners were strengthened in the last Parliament. They have three aims. First, they tackle abuse. The minimum probationary period before partners can apply for settlement is now five years rather than two, which is a better test of the genuineness of the relationship. It deters applications based on sham marriages and the criminals who seek to profit from them.

Secondly, the rules promote integration. The minimum income threshold for sponsoring a partner ensures that they can take part in everyday life to facilitate their integration into British society. Being able to speak English is also essential and helps migrants to participate in the community and find work. That is why the rules require a partner to be able to speak basic English, at level A1, before they can come here, and to speak intermediate English, at level B1, and to pass the “Life in the UK” test before they can qualify for settlement.

[Ms Abbott]

We all share the Government’s concern that people should be able to speak English. However, if the Government are really concerned, why have they cut funding for English as a second language? Why have they cut the funding available to local authorities that were helping to provide that English training, often in the context of schools or other institutions?

[Mr Goodwill]

People have to get an English qualification at level A1 in their country before they come here. I represented Yorkshire in the European Parliament, and having represented many of the communities there, I know the disadvantage that many children face when they start school—perhaps second or third-generation English-born children—if they do not speak English as their first language. Having that ability in English is absolutely vital not only for the integration of spouses, but for enabling children to progress in life. That is why we set these levels and why, from 1 May 2017, we are introducing a new English language requirement for partners applying for further leave after two and a half years in the UK on a five-year route to settlement. That will require them to progress to A2 level from the A1 level required on entry.

Thirdly, the rules seek to prevent burdens on the taxpayer. That is achieved through the minimum income threshold of £18,600 a year to be met by those wishing to sponsor a partner to come or remain here, with higher thresholds for also sponsoring dependent, non-EEA national children. It is right that those wishing to establish their family life here must be able to stand on their own feet financially. That is the basis for sustainable family immigration and for good integration outcomes.

[Stuart C. McDonald]

The Minister argues that migrants coming here should stand on their own two feet, so why will he not take into account their potential earnings when they go out of their way to show that that is exactly what they intend to do?

[Mr Goodwill]

That point was raised in the debate, including by the hon. Gentleman’s Front-Bench colleague, the hon. Member for Glasgow North East (Anne McLaughlin). Employment income from the migrant partner will not count towards a minimum income threshold. We will not take into account the previous, current or prospective earnings, or any job offer of the migrant partner, when they apply for entry clearance to come to the UK. Employment overseas is no guarantee of finding work in the UK. Partners coming to the UK with an appropriate job offer can apply under tier 2 of the points-based system. Those using the family route to come to the UK must be capable of being independently supported by their sponsor or by their joint savings or non-employment income. When a migrant partner is in the UK with permission to work, we will take their earnings from employment here into account.

As I was saying about the rules relating to the £18,600 threshold, it is right that those wishing to establish their life here can stand on their own feet financially. The previous requirement for “adequate” maintenance meant that any sponsor earning, after tax and housing costs had been deducted, more than the equivalent of income support for a couple—around £5,700 a year—was deemed to have sufficient funds to sponsor a partner. That was not an adequate basis for sustainable family integration and provided little assurance that couples could support themselves over the long term. That is why the minimum income threshold for sponsoring family migrants was introduced as part of the reforms of the family immigration rules implemented in July 2012.

[Simon Danczuk]

The Minister made the point that he has represented parts of northern England. Does he not accept that the threshold discriminates against people in the north of England, such as those in Rochdale and other towns and cities?

[Mr Goodwill]

I am coming to precisely that point. We have heard the Migration Advisory Committee described in glowing terms in this debate, and I pay tribute to the work it does and the analysis it undertakes before reaching its conclusions. Its report, published in November 2011, recommended that the threshold for a couple should be set between £18,600, the level at which a couple settled in the UK generally ceases to be able to access income-related benefits, and £25,700, the level at which the sponsor becomes a net contributor to the public finances by paying more in tax than they consume in public services. The lower figure of £18,600 was chosen, partly because of the points made about incomes being lower in other parts of the country.

[Jim Shannon]

I suggest respectfully and gently to the Minister that we need to consider regional variations in relation to that figure. In my contribution I referred to myself and those I know in Scotland. The threshold should fall to £15,000. I think that that is the figure we should consider for regional variations; it would adequately enable people to live in my constituency and across Northern Ireland.

[Mr Goodwill]

I appreciate the point that the hon. Gentleman is making. The provisional annual survey of hours and earnings data shows that gross median earnings among all employees in 2016 were £23,099 for the UK as a whole, but they exceeded £18,600 in every country and region of the UK—in Scotland the figure was £22,918, and in Ulster it was £20,953. Incidentally, for Yorkshire and the Humber, my own region, the figure was £21,235.

That income threshold, and the higher thresholds if children are sponsored, means that the family will generally be unable to access income-related benefits once the partner and any children qualify for settlement and thereby gain full access to the welfare system. That is a fair basis for family immigration that is right for migrants, local communities and the UK as a whole.

The Migration Advisory Committee also considered the case for setting a different level of income threshold by country and region of the UK. It noted, for example, that a requirement that varied by region could lead to sponsors moving to a lower threshold area in order to meet the requirement before returning after a visa was granted, and that a family living in a wealthy part of a relatively poor region could be subject to a lower income requirement than a family living in a deprived area of a relatively wealthy region. The MAC could therefore see no clear case for differentiation in the level of the minimum income threshold between UK countries and regions, and the Government agree. A single national threshold also provides clarity and simplicity for applicants, sponsors and caseworkers.

[Anne McLaughlin]

Surely the Minister understands that, regardless of what average earnings are, we get to the average by having lots of people who earn more and lots of people who earn less. What about the people who earn less and will never be in a position to reach £18,600? Why should their husband or wife not be able to come and live with them here, in the country of which they are a citizen?

[Mr Goodwill]

Basically, the argument behind it, to which the Migration Advisory Committee also subscribed, was that there should not be a burden on the taxpayer. The levels have been set so that people will not be liable to claim benefits. The hon. Member for Hackney North and Stoke Newington (Ms Abbott), speaking from the Labour Front Bench, discussed challenges in court, as did other Members. The Government’s position on this issue has been supported all the way through the courts, which is why we are now at the Supreme Court, the last point of appeal.

I will touch on one or two points made during the debate. The hon. Member for Inverclyde mentioned third-party support. Promises of financial support from family and other third parties cannot be counted against the minimum income threshold. We want the couple to demonstrate that they can stand on their own feet financially, with adequate resources that are under their own control and not somebody else’s. Promises of support from a third party are vulnerable to a change in another person’s circumstances or in the sponsor or applicant’s relationship with them.

The hon. Member for Inverclyde also raised the issue of fees. Income from application fees helps provide the resources necessary to operate the immigration system, with the remainder currently provided through general taxation. In the recent spending review, the Home Office set out its objective to work towards a border, immigration and citizenship system that is fully user-funded by 2019-20. The recent fee increase reflects this objective. Fees are set above cost recovery to reflect the administrative cost of processing an application and the benefits arising to those granted leave. It is right that fees are charged directly to users of the immigration system who benefit directly from the services provided.

[Simon Danczuk]

The Minister is doing an exceptionally good job of reading out the policy, but does he accept from all the examples given by various Members of Parliament and many others who deal with such applications that the system does not work and continually falls over for individual constituents?

[Mr Goodwill]

I am certainly more than happy to become personally involved if there are cases where we have not applied the rules correctly. Sometimes we make mistakes—sometimes documents are lost in transmission, for example. I know that the civil servants working in the Home Office who provide support to MPs are assiduous in ensuring that any mistakes that we make are quickly rectified and that the people involved are not put at a disadvantage.

[Anne McLaughlin]

I mentioned Christine, my constituent, who is now unable to meet the minimum income threshold because both of her elderly parents are sick and she is their carer. She is saving this country thousands of pounds. Probably the correct rules were applied, so I am asking the Minister not to do what he has offered to do—intervene when the rules have been applied incorrectly—but to consider making an exception in the case of Christine, who could do with her husband being here and who has selflessly given up the potential to earn enough money in order to look after her parents. Will he consider looking into her case and making an exception?

[Mr Goodwill]

I will certainly consider the case, and I would welcome a meeting with the hon. Lady so that she can explain it in more detail.

Under the rules, the income from employment of the UK-based sponsor can be counted in one of two ways. The person must show either that they have received the level of annual income relied on from employment held for at least six months at the date of application, or that they are currently in employment earning that level of annual income and have earned that amount from all employment undertaken in the previous 12 months. That provides some flexibility for those who change employment. It also gives us some assurance that the person is qualified for and can hold down employment at the level of income relied on. We otherwise risk being presented with applications based on earnings that do not accurately reflect the employment capacity of the person concerned. In order to maintain the integrity of the system for all applicants and sponsors, we need rules in place to prevent that.

The rules also take into account a wide range of other sources of income for the couple and their cash savings. Since July 2012, many changes have been made to the rules to enable more sources of income and savings to be counted and to introduce more flexibility on the required evidence. For example, cash savings, which otherwise must be held for at least six months prior to the date of application to help show that they are under the couple’s control, can now include proceeds from the sale, within that six-month period, of a property or investments owned by them.

The rules do not take into account the employment prospects of the migrant partner or a job offer to them, as I mentioned; employment overseas is no guarantee of finding work in the UK. However, when they get here, they can contribute to the family income and meet the rules in that way. The couple can rely on accommodation provided by a third party. The minimum income threshold reflects average rent, so that the couple can be expected to make their own arrangements later if need be. The immigration rules for spouses and partners have been upheld as lawful by the courts.

I was looking forward to hearing what the Labour Front-Bench spokesperson would have to say on behalf of the official Opposition. I had rather hoped that she would fill some of the vacuum that seems to be Labour’s immigration policy at the moment. She talked a lot about US immigration policy and criticised our policy, but she failed miserably to propose concrete alternatives that would be operable and maintain our wish to counter those who seek to exploit the UK with sham marriages. Hopefully things will become clear at some point between now and the next election.

[Jim Shannon]

In my contribution, I asked the Minister a question, which I think I saw him take note of, about those who are applying to come to the United Kingdom. Can their income in the countries they work in be part of the equation? I ask him to look at that and, if necessary, come back to me and to all hon. Members present with an answer in writing.

[Mr Goodwill]

I am happy to have another look at that rule but, as I have already mentioned, the fact that a person has a job abroad is no guarantee of employment here in the UK. However, if that person arrives in the UK and works, their income contributes to the family income and will be taken into account.

We continue to keep the immigration rules for spouses and partners and their impact under review. There were 28,443 partner visas granted in the year ending September 2016—a decrease of 26% from the 38,355 partner visas granted in the year ending September 2010. Our overall assessment is that the current rules are having the right impact and are helping to restore public confidence in the immigration system. I am grateful to have had the chance to hear the views of hon. Members on these issues.