Immigration Rules: Spouses and Partners

Debate between Stuart C McDonald and Simon Danczuk

Tuesday 31st January 2017 Westminster Hall

[Stuart C. McDonald (Cumbernauld, Kilsyth and Kirkintilloch East) (SNP)]

I beg to move,

That this House has considered immigration rules for spouses and partners.

It is a pleasure to see you in the Chair, Ms Ryan, as we debate what I believe is a vital issue to revisit and reconsider. It affects the family lives of many thousands of our constituents in a most intrusive way, and it calls on us to consider where our priorities really lie: in pursuing utterly misguided targets at all costs, or in protecting people’s human rights and the best interests of children? I understand that this is the first time Parliament has considered the matter since a few months after the draconian new rules were introduced in July 2012, so the debate is overdue.

I want to thank those colleagues who helped me secure the debate, particularly my hon. Friend the Member for Inverclyde (Ronnie Cowan), who accompanied me to the Backbench Business Committee. I also thank the right hon. Member for Orkney and Shetland (Mr Carmichael), the hon. Members for Stretford and Urmston (Kate Green), for Bradford West (Naz Shah), for Brighton, Pavilion (Caroline Lucas), for South Down (Ms Ritchie) and for Bedford (Richard Fuller), and my hon. Friends the Members for Dumfries and Galloway (Richard Arkless), for Paisley and Renfrewshire North (Gavin Newlands), for Rutherglen and Hamilton West (Margaret Ferrier) and for Lanark and Hamilton East (Angela Crawley) for their support. That is MPs from six different parties and representing everywhere from Shetland to Brighton and from Bedford to South Down, and it is great to see other MPs here today. This issue affects and concerns all corners of the UK and those from all walks of life. Few MPs will not have had at least one tragic constituency case; most will have had several.

Right now, the judges of the Supreme Court are busy again deciding whether the rules are in fact illegal and in breach of human rights. They might force the Government to think again. Regardless of what they do, Parliament should be making the Government think again and rewriting the rules. Many different aspects of the rules deserve criticism and require reform, from costs and complexity to ridiculously restrictive evidential requirements.

I want to focus on two of the rules that work together in an extraordinarily unfair, and I would say inhumane, manner. The first is the financial threshold, which is among the most draconian and restrictive in the world, whether measured in relative or absolute terms. The second is the rule excluding evidence about other forms of income, such as third-party support from family or friends or—even more ludicrously—the potential earnings of the non-EU spouse or partner. That gets to the crux of the matter. Those rules are cruelly and unnecessarily restrictive and draconian, and the consequences for families have been utterly brutal.

The rules mean that we no longer have a fairly light-touch financial maintenance test broadly equating to income support levels of £5,500. Non-EU applicants wishing to join their spouse or partner here are now required to show that their UK-settled sponsor earns at least £18,600, and thousands of pounds extra if there is a child or children involved.

[Simon Danczuk (Rochdale) (Ind)]

The threshold is utterly unfair, particularly in places such as Rochdale where wages are much lower than in other parts of the United Kingdom, and London in particular.

[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.