Family Migration Rules

Debate between Sarah Teather and Joan Ruddock

Wednesday 19th June 2013 Westminster Hall

[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.

[Dame Joan Ruddock]

Among African and Caribbean parents, it is common for a child to be left at home with grandparents, but when the grandparents die, the child is left vulnerable. I have heard about one young girl being abused by the uncle, and the mother is in despair because the rules prevent her from getting the child into this country. Has the hon. Lady also heard about such examples?

[Sarah Teather]

I have not seen that specific situation with regard to the rules we are discussing, but I have seen such a situation elsewhere. We heard all sorts of examples in the inquiry, such as one parent being separated from children and children being left in other places. The impact in terms of the splitting up of families and the effect on children is potentially devastating and, of course, none of that is being taken into account at the moment.