Family Migration Rules

Sarah Teather Excerpts

Wednesday 19th June 2013 Westminster Hall

[Sarah Teather (Brent Central) (LD)]

I am incredibly grateful to the hon. Member for Ealing, Southall (Mr Sharma) for securing this debate, and I congratulate him on doing so.

I served on the all-party inquiry with the hon. Gentleman and with the hon. Member for—is it Stretford?

[Kate Green (Stretford and Urmston) (Lab)]

indicated assent.

[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.

[Dr Alan Whitehead (Southampton, Test) (Lab)]

Has the hon. Lady, or the inquiry that she participated in, considered the instance of UK citizens coming back to the UK, having married abroad, often in complete ignorance of what the rules now say? Such people are finding that their spouse and child are simply stranded thereafter. Someone in my constituency has done exactly that and is now faced with the prospect of trying to get a job in the UK that will pay £18,000, not being able to access any of his parents’ assistance, and his wife and child remaining outside the UK perhaps for several years, even though he has done everything right in terms of his life and work, and all other factors.

[Sarah Teather]

What the hon. Gentleman mentions is absolutely the story that we heard over and over throughout the inquiry.

[Mr Virendra Sharma]

indicated assent.

[Sarah Teather]

The hon. Gentleman nods in recollection.

One of the most interesting aspects of this policy is that people being caught up in this change in immigration rules would never have imagined that they would come into contact with the immigration system; they are British citizens who went abroad to work as a teacher, perhaps, or to do development work, or were sent abroad by their company for business purposes, then met somebody and came back. This is the first time that they ever thought that they might come into contact with the immigration system.

[Jonathan Ashworth (Leicester South) (Lab)]

In my constituency in Leicester, a city with a tradition of welcoming people, these new rules are causing considerable concern. A British citizen came to see me last week who has been living in Syria and fled from there with her children, for obvious reasons, yet her husband cannot get out because of the rigidity of the rules. People might think that, given the circumstances and what is happening in that part of the world, there should be some flexibility in how the rules are implemented.

--- Later in debate ---

[Sarah Teather]

I agree. Leicester is my home town, so I sympathise with the point that the hon. Gentleman makes. The rigidity of the rules makes it particularly difficult for people. Under the previous rules—I will not say that they were perfect; as a constituency MP, from time to time I pleaded for people’s cases to be accepted and reconsidered—there was at least some flexibility to look at somebody’s case, based on compassionate grounds or common sense, whereas now there appears to be no flexibility whatever.

Why are the rules being so rigidly and inflexibly enforced? It is because income probably has nothing to do with it. It is not really about trying to prevent a burden on the taxpayer; it is actually about the Government trying to demonstrate that we are reducing the number of foreigners coming into the UK. That is driving it. If anything else were driving it, it would be implemented in a far more common-sense way, there would be much more flexibility around it, and it would not have been set at a level to keep out as many people as possible.

[Dr Julian Huppert (Cambridge) (LD)]

rose—

[Kate Green]

rose—

[Sarah Teather]

I will give way to my hon. Friend the Member for Cambridge (Dr Huppert) first.

[Dr Huppert]

I thank my hon. Friend for giving way and congratulate the hon. Member for Ealing, Southall (Mr Sharma) on securing this important debate on the work of the group. Does my hon. Friend agree that the rules are not only keeping foreigners out but causing some good British people to leave? The response of a number of people in my constituency has been simply to leave the country. These are successful entrepreneurs, those at early stages of what will be well-paid careers, and people coming back, as my hon. Friend said. We risk losing some of our best people, who are internationally experienced, as a result of the rules.

[Sarah Teather]

The classic story that we heard in the inquiry was that people are going somewhere else in Europe to make a home, and waiting until their partner gains EU citizenship there. During that time they donate their skills, wealth and significant social contribution to another European country, and they may or may not return to the UK.

[Kate Green]

It was a pleasure to serve with the hon. Lady and my hon. Friend the Member for Ealing, Southall (Mr Sharma) on the Committee. Does she agree that one reason why these rules may be being applied so rigidly is a lack of confidence in the decision-making powers and abilities of Border Agency officials, and that investment in training them to make sensible decisions, rather than imposing blanket rules, would be a fairer and more sensible approach?

[Sarah Teather]

I think it would. I have to say that it would be wiser if we were not being driven entirely by an objective to keep numbers down, but that is perhaps another story.

I should like the Minister to respond to what I am now going to say about the best interests of children. When I was a Minister in the Department for Education, we committed the Government to standing by and meeting our commitment on the United Nations convention on the rights of the child and to take into account children’s best interests when decisions are made. What account is being taken of that now by the Minister’s Department, as it looks at the rules and their impact? Has any assessment been done and has any discussion been had with Department for Education officials on this point? If he is unable to answer that question today, I should be grateful if he wrote to let me know.

The impact of the rules on bringing in grandparents and elderly dependants is just as shocking as that of the spousal rules. Almost no approvals have happened since the new rules came in. It was described to me by one lawyer as a ban masquerading as a rule, which is probably a rather more effective way of describing the problem. If almost nobody can come in, that demonstrates what the Government want to do, and it might have been more honest if that had been done in the first place. The hon. Member for Edinburgh North and Leith (Mark Lazarowicz), who is no longer in his place, intervened on the hon. Member for Ealing, Southall and made a similar point. It is almost impossible to meet the rules. People must have a high income and must be clear that their family member will not have recourse to any kind of benefits, and sign something to say that that will not happen. They must also demonstrate that the family member is so sick that they must come here, and cannot possibly have their care needs met in the country where they are, even if they were to pay for it.

Almost nobody will meet those criteria. One lawyer said that he had been thinking through all the possible scenarios and the only example that he came up with where somebody might meet such criteria was if they had an elderly dependent relative in Monaco and had enough money here to meet the first part of the rules, but because care is so expensive in Monaco they would not be able to afford to pay for it there. That would probably be the only way we would allow such people to come to the UK. If we are going to have a ban, let us at least be more honest about it.

The consequences of the rules were drawn to our attention in the inquiry most notably by the British Medical Association, which said that they were among the biggest challenges in planning resourcing around consultants and senior doctors, many of whom are second-generation south Asian and want to bring a relative. For example, two people who are partners, both of whom may be highly paid consultants capable of supporting an elderly dependent relative but with no means of meeting the rules, might end up moving to Singapore. If such highly trained, highly valued people go somewhere else to work so that they are able to be with their family members, that is a significant drain on our national health service.

The current system seems to me to be inhumane and lacking in basic common sense. It cuts across a whole set of areas that the Government say are a priority: it cuts across our commitments on family policy, on early intervention and on our obligations under the UNCRC. We heard in our inquiry that the rules disproportionately affect those from poorer communities in the UK, such as Bangladeshis and Pakistanis, and that women, who struggle to earn the same wages as men, are particularly affected. The system affects not only those people but many highly paid British citizens who may never have thought that they would meet the full force of the immigration system preventing them from having a happy family life. I strongly urge the Minister to review those rules properly and to reconsider them.

[Keith Vaz (Leicester East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Owen. It is also a pleasure to follow the hon. Member for Brent Central (Sarah Teather). I am sure she will not mind me reminding her of this, but it is the coalition Government, of whom she was a member, who originally proposed the rules and put them through the House. I respect her late conversion to condemning the Government publicly for what they are doing, and I know she feels sincerely about that.

[Sarah Teather]

I assure the right hon. Gentleman that, as I am sure the Minister would accept, I say nothing in public that I did not say in private.

[Keith Vaz]

I am sure that is the case, which is why I gave the hon. Lady a wildcard. Of course I am sure that, privately, she was very much against the rules when she was a Minister in the Government who put them through the House.

I congratulate my hon. Friend the Member for Ealing, Southall (Mr Sharma), whom I have known for more than 35 years, on securing this debate. Even before he became a Member of Parliament, he took up immigration issues in Southall for almost a quarter of a century through the Indian Workers' Association, as a councillor, as the lord mayor of Ealing and as a prospective parliamentary candidate, so it is no surprise that he should be introducing this debate and that he served on the inquiry organised by the all-party group on migration.

All those who served on the inquiry, including my hon. Friend the Member for Stretford and Urmston (Kate Green), the hon. Member for Brent Central, the noble Baroness Hamwee and others, have done the House a great service. I wish the Select Committee on Home Affairs had time to consider the rules, but being pressed so often by the hon. Member for Cambridge (Dr Huppert) to take up new and exciting inquiries, we just did not have time to do so. The all-party group has produced a stunning report, which everyone needs to read with great care.

For those of us who do immigration cases every day, and I see Members here who represent constituencies in Birmingham, Manchester and Leicester, including my hon. Friend the Member for Leicester South (Jonathan Ashworth), my right hon. Friend the Member for Lewisham, Deptford (Dame Joan Ruddock) and others—I cannot name every constituency—there is the line in the Lord’s prayer that says

“Give us today our daily bread.”

Immigration cases are our daily bread and butter. Every single Friday, immigration cases are 90% of the work I do in my surgery. Although the Minister, who represents the Forest of Dean, and the shadow Minister, who represents Rhondda, do not have the casework that we have, those of us who have seen the Minister perform before the Select Committee and have heard the shadow Minister’s comments know that they understand our concerns on immigration. For us, as constituency MPs, immigration is a big deal. I am glad to see the Minister here today, and I am sorry that he is on crutches. It is better to be on crutches before the debate than after.

My hon. Friend the Member for Ealing, Southall and the hon. Member for Brent Central have already stated the facts—why bring in an arbitrary figure? Tony McNulty was wrong to bring in the points-based system, and I told him so at the time. He thought it was a great invention. I went to see him when he was Minister for Immigration, and he said, “It is very important that people tot up the points, and then you know whether they qualify to come in under the points-based system.” I said, “Where is the discretion in all this? What about those cases that don’t reach the number of points but where there might be grounds for compassion?” The hon. Member for Brent Central talked about that, and my hon. Friend the Member for Ealing, Southall talked about other issues. What about those issues that the entry clearance officers cannot address because the migrant does not have enough points?

Here is another example on the arbitrary figure. Yes, we know that the Migration Advisory Committee advised on the figure and, yes, we know there are lots of statistical surveys that say the sum should be £18,600, but as the Chair of the Select Committee on Justice, the right hon. Member for Berwick-upon-Tweed (Sir Alan Beith), said, the average wage in his constituency is not £18,600. The average wage is certainly not £18,600 in Leicester East and Leicester South; it is about £16,000 or even less—in fact, it is £4,000 less than the national average according to the Office for National Statistics. I have people coming into my surgery who will never get their spouse into the country—even those who are working very hard indeed. I say to them, “Why don’t you get another job?” They cannot get another job because they are exhausted from working up to 60 hours a week. I know that is not the minimum wage, and it may not be lawful, but that is what is on their little slips.