Partner and Spousal Visas: Minimum Income Debate

Full Debate: Read Full Debate

Tom Pursglove

Main Page: Tom Pursglove (Conservative - Corby)

Partner and Spousal Visas: Minimum Income

Tom Pursglove Excerpts
Tuesday 23rd April 2024

(1 week, 4 days ago)

Westminster Hall
Read Full debate Read Hansard Text

Westminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.

Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.

This information is provided by Parallel Parliament and does not comprise part of the offical record

Paul Blomfield Portrait Paul Blomfield (Sheffield Central) (Lab)
- Hansard - - - Excerpts

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.

Paul Blomfield Portrait Paul Blomfield
- Hansard - - - Excerpts

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.

--- Later in debate ---
Tom Pursglove Portrait The Minister for Legal Migration and the Border (Tom Pursglove)
- Hansard - -

It is a pleasure to serve under your chairmanship, Sir George. I congratulate the hon. Member for Sheffield Central (Paul Blomfield) on securing this debate. This is an important issue, and we have heard a variety of opinions. Members raised many points of clarification and asked many questions, and I will try to deal with as many as possible.

It might first be helpful if I set out the background to the decision to raise the minimum income requirement, which in the interest of brevity I will refer to as the MIR. Net migration is too high, and we must get it to a more sustainable place with better balance. In the year to June 2023, it was estimated to be 672,000. Last year, we set out measures to bring the number down by tightening the rules on care workers and skilled workers and ensuring that people can support the family members they bring over.

The British people want decisive action, and we are delivering the change that we promised. We are lifting the pressure on public services and protecting British workers with the utmost urgency, and we have set out and implemented a comprehensive plan to do so.

Stuart C McDonald Portrait Stuart C. McDonald
- Hansard - - - Excerpts

Will the Minister give way?

Tom Pursglove Portrait Tom Pursglove
- Hansard - -

I will take a couple of interventions early. I am conscious that there is a lot that I need to respond to, but I will gladly take the hon. Gentleman’s intervention.

Stuart C McDonald Portrait Stuart C. McDonald
- Hansard - - - Excerpts

The Minister mentioned public opinion, but I rather suspect that if the Government canvassed public opinion, they would find that people are shocked and appalled that their friends and colleagues are being split apart from their spouses. He prays in aid public opinion, but what research have the Government done on the proposals?

Tom Pursglove Portrait Tom Pursglove
- Hansard - -

There are materially relevant elements of the policy that have not been reflected in any Members’ comments. Later, I will come to the safeguards, which I think most people would think are fair and reasonable.

We are taking a fair approach to tackle net migration. It will not only bring down the numbers substantially but address the injustice of a system that, if left untouched, would enable employers to recruit cheap labour from overseas at the expense of the British worker, and put unsustainable pressure on our most vital public services.

Siobhan Baillie Portrait Siobhan Baillie
- Hansard - - - Excerpts

The Minister said he would take early interventions, so I will come in now. It was my understanding from the hon. Member for Aberavon (Stephen Kinnock) that Labour wants to bring the numbers down and shares the Government’s ambition. I listened really carefully—I got my pen out to write things down—but I did not hear any specifics or ideas. Is it the Minister’s understanding that Labour plans to scrap the net migration package? I am slightly unclear about that, and it is relevant to my constituents, who are thinking through their options.

Tom Pursglove Portrait Tom Pursglove
- Hansard - -

I am afraid that it is an opaque situation. It is very unclear—

Stephen Kinnock Portrait Stephen Kinnock
- Hansard - - - Excerpts

The Government are terrified of scrutiny.

Tom Pursglove Portrait Tom Pursglove
- Hansard - -

I am afraid the hon. Gentleman and his party consistently refuse to say what they will do on borders and migration, both legal and illegal. Yet again—[Interruption.]

George Howarth Portrait Sir George Howarth (in the Chair)
- Hansard - - - Excerpts

Order. Cease this banter and get on with the debate, please.

Tom Pursglove Portrait Tom Pursglove
- Hansard - -

The truth is that in the remarks from the shadow Front Bencher there was no clarification of the Opposition’s stance on whether they would seek to cancel the package of net migration measures that are already in train. People can draw their own conclusions on that.

The hon. Member for Westmorland and Lonsdale (Tim Farron) raised a whole host of different issues in relation to borders and migration policy, including the issue of care workers. I would argue that seeing 120,000 dependants coming with 100,000 care workers is just not sustainable. He also raised the issue of illegal migration and conflated the legal migration piece with the illegal migration piece. Again, I make no apology for the steps the Government are taking, including through the legislation we passed yesterday, to try to put out of business the evil criminal gangs who put people in small boats, take their money, send them to sea, and have no regard as to whether they get here safely or not. We saw the consequences of that yet again this morning, in the most terrible and tragic of ways.

We are making strong headway in delivering our package of measures on net migration, with further improvements to modernise and enhance the security of the UK border continuing throughout 2024. The decision to raise the MIR is a key part of our plan to reduce overall migration levels. Taken together, the changes we are implementing will mean that the 300,000 people who came to the UK last year would not now be able to come. The right to family life is a qualified right, and in making our decision we carefully balanced that right against the legitimate aim to protect the UK’s economic wellbeing.

Stuart C McDonald Portrait Stuart C. McDonald
- Hansard - - - Excerpts

Will the Minister give way?

Tom Pursglove Portrait Tom Pursglove
- Hansard - -

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 Portrait Paul Blomfield
- Hansard - - - Excerpts

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 Portrait Tom Pursglove
- Hansard - -

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.

Stephen Timms Portrait Sir Stephen Timms
- Hansard - - - Excerpts

Will the Minister give way?

Tom Pursglove Portrait Tom Pursglove
- Hansard - -

I will give way briefly; I am conscious that there are a few more points to respond to.

Stephen Timms Portrait Sir Stephen Timms
- Hansard - - - Excerpts

Why did the Minister not ask the Migration Advisory Committee for its views?

Tom Pursglove Portrait Tom Pursglove
- Hansard - -

Over recent months we have commissioned work from the Migration Advisory Committee on several fronts, including currently on the undergraduate route and to carry out a fuller review of the immigration salary list. There are, then, ongoing workstreams with the MAC. To make requests of it to consider areas of migration policy is within the gift of Ministers. We will keep that position under review, as we do with the entirety of our immigration system and the policy levers available to Government.

One key element that has not been reflected in the debate is the fact that we have recognised the need to allow families the time to plan effectively and to make arrangements to meet the relevant income requirement. That is why we are implementing the increase incrementally, and why it has not been applied retrospectively. The first increase, to £29,000, came into force on 11 April. A second planned increase will take the threshold to £34,500, with a third rise to at least £38,700 taking place by early 2025. That is one of two key areas of the policy that have not been given an airing today, along with consideration of the fact that the changes have not been applied retrospectively.

The other policy area to mention is the fact that we will continue to grant permission when to do otherwise would breach an applicant’s article 8 right—the right to family life under the European convention on human rights. Such an assessment involves considering whether there are insurmountable obstacles to family life between the applicant, their partner and their children continuing outside the UK. Caseworkers consider those factors as part of the decision-making process, to ensure that we get the right decisions in individual cases and that due and proper regard is given to all relevant circumstances.

I am always happy to debate the intricacies of our policies, but the reality is that net migration is too high. This Government have a policy to bring the numbers down by 300,000 in the way that I have described. A number of changes are now in motion, having been developed and announced, but after giving people time to adjust to them in advance of their coming into force. I believe we have a responsibility to reduce the numbers, and that is what our plan is designed to achieve, but the change is not retrospective and is being introduced incrementally, while the article 8 opportunity remains in the application process for people to be able to set out their circumstances so that the right decisions can be made in individual cases.