Family Migration Rules

Roger Godsiff Excerpts

Wednesday 19th June 2013 Westminster Hall

[Mr Harper]

The right hon. Lady makes a very good point.

[Mr Roger Godsiff (Birmingham, Hall Green) (Lab)]

Will the Minister give way?

[Mr Harper]

I will not give way because the hon. Gentleman has not been here for the whole debate—[Hon. Members: “Yes he has.”] I will give way briefly as he did not get to make a speech.

--- Later in debate ---

[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.