Immigration Rules: Sponsors

Virendra Sharma Excerpts

Thursday 14th March 2013 Commons Chamber

[Kerry McCarthy]

Perhaps when I have spoken for a little longer, my hon. Friend the Member for Slough (Fiona Mactaggart) will be able to intervene again and make her second point. Indeed, if she intervenes several more times, she may eventually be able to tell the whole story.

I understand that those who earn less than £18,600 can top it up if they have savings, up to a maximum of £62,000. A constituent who was in that situation came to see me the other day. Perhaps the Minister will be able to clarify the position when he responds, but I think that people have to show that they have had the money in their accounts for six months and it has not just been lent to them.

The final case to which I want to refer is that of a constituent whose girlfriend is based in Hong Kong, but is of Philippine origin. He wants her to join him in the United Kingdom, but they cannot marry. She was married to an abusive husband in the Philippines—she fled to Hong Kong to get away from him—but divorce is illegal in the Philippines, which in itself raises interesting questions. What happens if someone from the Philippines comes to this country and wants to marry a British citizen? What will be the impact on that person’s immigration status if that is not allowed?

The couple cannot live in the Philippines together, which is an option that they explored. If my constituent were in a relationship with an undivorced woman in the Philippines, he could face seven years in jail and she could face three to four years.

It turned out, after we had looked into it, that my constituent’s income is just enough for him to qualify under the rules. He came to see me because he had heard about the £62,000 savings limit, and thought that he was expected to have that much money in the bank on top of his income. However, if he had earned just £100 a month less, he would not have been able to bring his partner to the United Kingdom either. They were exploring the possible options. His partner was considering going to Canada, and he thought that perhaps he would be able to join her there.

The situation is ridiculous. My constituent has family responsibilities, and is settled in employment in the UK. The fact that he would have been forced to go to the other side of the world to be with his partner when she could join him here seems nonsensical to me.

[Mr Virendra Sharma (Ealing, Southall) (Lab)]

Does my hon. Friend agree that the rules go against the basic principle that families should be united rather than divided? These financial conditions are dividing not only husbands and wives but parents, grandparents and others. Are they not unfair and discriminatory, especially to those outside European Union countries?

[Kerry McCarthy]

I think that the Government are trying to avoid circumstances in which spouses or fiancées, for instance, are used as a form of chain migration. I have seen that happen, and I accept that the system is open to abuse and should not be abused in that way. I have come across instances in which people first apply for permission for a spouse to join them in this country, and then extend the application to elderly parents, or perhaps younger brothers and sisters. I accept that we have to manage migration to this country, and that we ought to control such situations. However, none of the cases I have cited involves anything like that.

People are increasingly working and studying abroad. People are going off to university in other countries, meeting their partners there, and then not being able to return to the United Kingdom with their partners until they have established themselves on the career ladder. It is not uncommon now for graduates to start work—if they can start work; they may be on unpaid or paid internships or low-paid jobs for the first couple of years after graduating—but to be unable to bring their partners into this country. I recognise the need to ensure that new migrants to the UK do not increase the burden on the British taxpayer, but many couples survive on less than the average income without being a burden on the taxpayer.