Family visa income threshold should not rise to skilled worker level
Skilled workers are only eligible to come to the UK if they earn a salary of £38,700 or more, compared to £29,000 required mainly for British citizens or settled residents to bring their partner to the country under family visas.
The Migration Advisory Committee (MAC) set out its recommendations after a review requested by the Home Secretary to look at how to set a minimum income requirement (MIR) for family visas that balances economic wellbeing and family life.
The previous government planned to introduce the higher threshold for family visa applicants to be equivalent to the skilled worker level.
But the committee's report said: 'Given the family route that we are reviewing has a completely different objective and purpose to the work route, we do not understand the rationale for the threshold being set using this method.
'We do not recommend the approach based on the skilled worker salary threshold as it is unrelated to the family route and is the most likely to conflict with international law and obligations (e.g. Article 8).'
Article 8 of the European Convention on Human Rights is the right to private and family life that can be applied to migration cases in the UK.
The UK's current £29,000 threshold is high compared to other high-income countries reviewed by the MAC.
The analysis found a high proportion of applicants for partner visas are women and 90% are under the age of 44.
Pakistan is the largest nationality to use the route applying from outside the country.
The committee's analysis gave some options that a threshold of £24,000 to £28,000 could give more priority to economic wellbeing, such as reducing the burden to taxpayers, than on family life.
It also suggested a criteria of £23,000 to £25,000 to ensure families can support themselves but not necessarily require them to earn a salary above minimum wage.
Chairman of MAC, Professor Brian Bell, said: 'While the decision on where to set the threshold is ultimately a political one, we have provided evidence on the impacts of financial requirements on families and economic wellbeing, and highlight the key considerations the government should take into account in reaching its decision.'
While the committee said it is not possible to predict how different threshold changes would impact net migration, it said lowering the amount to £24,000, for example, could mean an increase of around one to three percent of projected future net migration.
The report added: 'Determining the MIR threshold involves striking a balance between economic wellbeing and family life.
'Whilst a lower threshold would favour family life and entail a higher net fiscal cost to the taxpayer, a higher threshold (below a certain level) would favour economic wellbeing.
'But a higher number of families would experience negative impacts relating to financial pressures, prolonged separation, relationships, adults' mental health and children's mental health and education.'
The committee advised against raising the threshold for families with children as despite them facing higher living costs, the impacts on family life appear 'particularly significant' for children.
It also recommended keeping the income amount required the same across all regions of the UK.
The MAC also said their review was 'greatly hindered' by insufficient data and urged for better data collection by the Home Office on characteristics of each applicant to be linked to outcomes to inform further policy decisions.
Reacting to the recommendations, shadow home secretary Chris Philp said the report shows that raising the salary threshold will drive migration numbers down and urged for the threshold to be increased to £38,000.
'Migration figures remain far too high. It's time to end ECHR obstruction, raise the salary thresholds, and take back control of who comes into this country,' he said.
'As Kemi and I said on Friday, if the ECHR stops us from setting our own visa rules, from deporting foreign criminals or from putting Britain's interests first, then we should leave the ECHR.'
A Home Office spokesperson said: 'The Home Secretary commissioned the independent Migration Advisory Committee to undertake a review.
'We are now considering its findings and will respond in due course. More broadly, the government has already committed to legislate to clarify the application of Article 8 of the ECHR for applicants, caseworkers and the courts.'
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