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Written Question
Asylum: Employment
Monday 18th January 2021

Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)

Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 17 December 2020 to Question 127570 on Asylum: Employment, what consultation her Department is undertaking to inform the review of policy regarding asylum seeker right to work.

Answered by Chris Philp - Minister of State (Home Office)

Asylum seeker right to work is a complex issue. A review of the policy is ongoing, and we are considering the evidence put forward on the issue. The findings of the review will be announced once the work has been completed.


Written Question
Asylum: Employment
Monday 18th January 2021

Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)

Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 17 December 2020 to Question 127570 on Asylum: Employment, where on the Government website it is possible to view documents related to the review of policy on asylum seeker right to work.

Answered by Chris Philp - Minister of State (Home Office)

Asylum seeker right to work is a complex issue. A review of the policy is ongoing, and we are considering the evidence put forward on the issue. The findings of the review will be announced once the work has been completed.


Written Question
Immigration: Married People
Tuesday 1st September 2020

Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)

Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 4 May 2020 to Question 40657, whether she asked the Migration Advisory Committee to consider and make recommendations on the effect of the covid-19 outbreak on the ability of non-EEA spouses and partners to meet minimum income requirements.

Answered by Kevin Foster

The Home Office has proactively established a range of measures to support those affected by the COVID-19 outbreak. We continue to monitor the situation closely and take these exceptional circumstances into account.

To ensure spouses or partners applying for entry clearance, leave to remain or indefinite leave are not unduly affected by circumstances beyond their control, for the purpose of the minimum income requirement:

  • a temporary loss of employment income between 1 March and 31 July 2020 due to COVID-19 will be disregarded, provided the requirement was met for at least six months up to March 2020;
  • an applicant or sponsor furloughed under the Government’s Coronavirus Job Retention Scheme will be deemed as earning 100% of their salary;
  • a temporary loss of annual income due to COVID-19 between 1 March 2020 and 31 July 2020 will generally be disregarded for self-employment income, along with the impact on employment income from the same period for future applications. Income received via the Coronavirus Self-Employment Income Support Scheme will also be taken into account;
  • evidential flexibility may be applied where an applicant or sponsor experiences difficulty accessing specified evidence due to COVID-19 restrictions.

Guidance for our customers is available on GOV.UK here: https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members

This also sets out the ways in which the minimum income requirement can be met using other sources of income instead of, or along with, income from employment or self-employment. For example, income from the couple’s investments, property rental or pension may also be taken into account, together with their cash savings.

These are unprecedented times. We continue to monitor the situation closely and may make further adjustments to requirements where necessary and appropriate to ensure people are not unduly affected by circumstances beyond their control.


Written Question
Immigration: Married People
Tuesday 1st September 2020

Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)

Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 4 May 2020 to Question 40657, whether the Migration Advisory Committee made recommendations on measures needed to tackle the effect of the covid-19 outbreak on the ability of non-EEA spouses and partners to meet minimum income requirements.

Answered by Kevin Foster

The Home Office has proactively established a range of measures to support those affected by the COVID-19 outbreak. We continue to monitor the situation closely and take these exceptional circumstances into account.

To ensure spouses or partners applying for entry clearance, leave to remain or indefinite leave are not unduly affected by circumstances beyond their control, for the purpose of the minimum income requirement:

  • a temporary loss of employment income between 1 March and 31 July 2020 due to COVID-19 will be disregarded, provided the requirement was met for at least six months up to March 2020;
  • an applicant or sponsor furloughed under the Government’s Coronavirus Job Retention Scheme will be deemed as earning 100% of their salary;
  • a temporary loss of annual income due to COVID-19 between 1 March 2020 and 31 July 2020 will generally be disregarded for self-employment income, along with the impact on employment income from the same period for future applications. Income received via the Coronavirus Self-Employment Income Support Scheme will also be taken into account;
  • evidential flexibility may be applied where an applicant or sponsor experiences difficulty accessing specified evidence due to COVID-19 restrictions.

Guidance for our customers is available on GOV.UK here: https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members

This also sets out the ways in which the minimum income requirement can be met using other sources of income instead of, or along with, income from employment or self-employment. For example, income from the couple’s investments, property rental or pension may also be taken into account, together with their cash savings.

These are unprecedented times. We continue to monitor the situation closely and may make further adjustments to requirements where necessary and appropriate to ensure people are not unduly affected by circumstances beyond their control.


Written Question
Immigration: Married People
Tuesday 1st September 2020

Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)

Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 4 May 2020 to Question 40657, what changes she made to tackle the effect of the covid-19 outbreak on the ability of non-EEA spouses and partners to meet minimum income requirements.

Answered by Kevin Foster

The Home Office has proactively established a range of measures to support those affected by the COVID-19 outbreak. We continue to monitor the situation closely and take these exceptional circumstances into account.

To ensure spouses or partners applying for entry clearance, leave to remain or indefinite leave are not unduly affected by circumstances beyond their control, for the purpose of the minimum income requirement:

  • a temporary loss of employment income between 1 March and 31 July 2020 due to COVID-19 will be disregarded, provided the requirement was met for at least six months up to March 2020;
  • an applicant or sponsor furloughed under the Government’s Coronavirus Job Retention Scheme will be deemed as earning 100% of their salary;
  • a temporary loss of annual income due to COVID-19 between 1 March 2020 and 31 July 2020 will generally be disregarded for self-employment income, along with the impact on employment income from the same period for future applications. Income received via the Coronavirus Self-Employment Income Support Scheme will also be taken into account;
  • evidential flexibility may be applied where an applicant or sponsor experiences difficulty accessing specified evidence due to COVID-19 restrictions.

Guidance for our customers is available on GOV.UK here: https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members

This also sets out the ways in which the minimum income requirement can be met using other sources of income instead of, or along with, income from employment or self-employment. For example, income from the couple’s investments, property rental or pension may also be taken into account, together with their cash savings.

These are unprecedented times. We continue to monitor the situation closely and may make further adjustments to requirements where necessary and appropriate to ensure people are not unduly affected by circumstances beyond their control.


Written Question
Immigration: Married People
Tuesday 1st September 2020

Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)

Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 4 May 2020 to Question 40657, what assessment she she made of (a) the effect of the covid-19 pandemic on the ability of non-EEA spouses and partners to meet minimum income requirements and (b) the changes required to the criteria to enable those spouses and partners to meet that requirement.

Answered by Kevin Foster

The Home Office has proactively established a range of measures to support those affected by the COVID-19 outbreak. We continue to monitor the situation closely and take these exceptional circumstances into account.

To ensure spouses or partners applying for entry clearance, leave to remain or indefinite leave are not unduly affected by circumstances beyond their control, for the purpose of the minimum income requirement:

  • a temporary loss of employment income between 1 March and 31 July 2020 due to COVID-19 will be disregarded, provided the requirement was met for at least six months up to March 2020;
  • an applicant or sponsor furloughed under the Government’s Coronavirus Job Retention Scheme will be deemed as earning 100% of their salary;
  • a temporary loss of annual income due to COVID-19 between 1 March 2020 and 31 July 2020 will generally be disregarded for self-employment income, along with the impact on employment income from the same period for future applications. Income received via the Coronavirus Self-Employment Income Support Scheme will also be taken into account;
  • evidential flexibility may be applied where an applicant or sponsor experiences difficulty accessing specified evidence due to COVID-19 restrictions.

Guidance for our customers is available on GOV.UK here: https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members

This also sets out the ways in which the minimum income requirement can be met using other sources of income instead of, or along with, income from employment or self-employment. For example, income from the couple’s investments, property rental or pension may also be taken into account, together with their cash savings.

These are unprecedented times. We continue to monitor the situation closely and may make further adjustments to requirements where necessary and appropriate to ensure people are not unduly affected by circumstances beyond their control.


Written Question
Immigration: Married People
Tuesday 1st September 2020

Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)

Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 4 May 2020 to Question 40657, what discussions she has had with the devolved administrations on (a) the effect of the covid-19 outbreak on the ability of non-EEA spouses and partners to meet minimum income requirements and (b) the changes required to the criteria to enable those spouses and partners to meet that requirement.

Answered by Kevin Foster

The Home Office has proactively established a range of measures to support those affected by the COVID-19 outbreak. We continue to monitor the situation closely and take these exceptional circumstances into account.

To ensure spouses or partners applying for entry clearance, leave to remain or indefinite leave are not unduly affected by circumstances beyond their control, for the purpose of the minimum income requirement:

  • a temporary loss of employment income between 1 March and 31 July 2020 due to COVID-19 will be disregarded, provided the requirement was met for at least six months up to March 2020;
  • an applicant or sponsor furloughed under the Government’s Coronavirus Job Retention Scheme will be deemed as earning 100% of their salary;
  • a temporary loss of annual income due to COVID-19 between 1 March 2020 and 31 July 2020 will generally be disregarded for self-employment income, along with the impact on employment income from the same period for future applications. Income received via the Coronavirus Self-Employment Income Support Scheme will also be taken into account;
  • evidential flexibility may be applied where an applicant or sponsor experiences difficulty accessing specified evidence due to COVID-19 restrictions.

Guidance for our customers is available on GOV.UK here: https://www.gov.uk/government/publications/chapter-8-appendix-fm-family-members

This also sets out the ways in which the minimum income requirement can be met using other sources of income instead of, or along with, income from employment or self-employment. For example, income from the couple’s investments, property rental or pension may also be taken into account, together with their cash savings.

These are unprecedented times. We continue to monitor the situation closely and may make further adjustments to requirements where necessary and appropriate to ensure people are not unduly affected by circumstances beyond their control.


Written Question
Immigration Controls: Au Pairs
Monday 1st June 2020

Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment her Department has made of the effect of introducing a points based immigration system on the number of people entering the UK to work as au pairs from 2021.

Answered by Kevin Foster

The Government set out its plans for the UK’s future points-based immigration system on 19 February.

As has been the case since 2008, the UK’s points-based immigration system will not offer a dedicated route for Au Pairs, but there are other immigration routes which will exist for people who may wish to take up these roles. For example, the UK operates youth mobility schemes with eight countries.


Written Question
Immigration: Married People
Monday 4th May 2020

Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)

Question to the Home Office:

To ask the Secretary of State for the Home Department, if she will ask the Migration Advisory Committee to consider and make recommendations on the effect of the covid-19 outbreak on the ability of non-EEA spouses and partners to meet Minimum Income Requirements.

Answered by Kevin Foster

The Home Office has put in place a range of measures to support those affected by the Covid-19 outbreak. We continue to monitor the situation closely and take these exceptional circumstances into account.

The minimum income requirement, which was set following advice from the Migration Advisory Committee, can be met in a number of ways in addition to or instead of income from employment or self-employment. For example, income from the couple’s investments, property rental or pension may also be taken into account, together with their cash savings.

These are unprecedented times and we may make further temporary adjustments to requirements where necessary and appropriate to ensure people are not unduly affected by or penalised for circumstances beyond their control.


Written Question
Immigration: Married People
Monday 4th May 2020

Asked by: Kirsten Oswald (Scottish National Party - East Renfrewshire)

Question to the Home Office:

To ask the Secretary of State for the Home Department, what estimate she has made of the number of applications from the non-EEA (a) spouse and (b) partner of a UK citizens to (a) extend their leave and (b) apply for indefinite leave to remain that will be made in the next 12 months.

Answered by Kevin Foster

As part of UK Visa & Immigration’s ongoing operational forecasting activities we regularly review and refresh the number of applications we expect from all routes including non-EEA spouses and partners of UK Citizens.

The Home Office publishes data on decisions on applications for leave to remain and indefinite leave to remain in the ‘Immigration Statistics Quarterly Release’ available on GOV.UK