My Lords, I thank all noble Lords who have spoken on this amendment and I appreciate the knowledge and the strength of feeling of the noble Lord, Lord Teverson. He has put this as a matter of fundamental principle. I respect that, but I am afraid that we disagree on it, and I shall try to explain why the Government feel like that.
The amendment concerns the family Immigration Rules for British citizens which also apply to those who are settled in the UK and those here with refugee leave or humanitarian protection to sponsor a spouse or partner to come and remain in the UK. Of course, we welcome those who wish to make a life in the UK with their family, to work hard and to make a contribution. However, we believe that family life must not be established here at the taxpayer’s expense and that family migrants must be in a position to integrate into British society. That is fair to the applicants and to the public and it is the basis on which the family Immigration Rules were reformed in July 2014 by the coalition Government.
The amendment would reverse those reforms by removing all requirements except the requirement that the marriage or civil partnership is not a sham. So the effect of the amendment would be to remove the minimum income threshold and accommodation requirements; to remove the requirement for basic English language speaking and listening skills; to remove the suitability requirements which prevent a foreign criminal from qualifying for leave; to remove the minimum age requirement; to remove the requirements which prevent the formation of polygamous households and prevent those with a prohibited degree of relationship from qualifying; and it would run counter to Parliament’s view of what the public interest requires in immigration cases engaging the qualified right to respect for family life under Article 8 of the European Convention on Human Rights as set out in the Immigration Act 2014. This would undermine our system for family migration. Understanding basic English and being financially
independent, for example, help to ensure that the migrant spouse or partner can integrate and play a full part in British society.
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The noble Lord, Lord Teverson, said that these rules, which Parliament passed, are discriminatory, but we feel that if British citizens wish to establish their family life together in the UK, it is right that their foreign spouse or partner should have to meet the requirements of the family Immigration Rules, which are geared to preventing burdens on the taxpayer and to promoting integration. The right to respect for family life under Article 8 of the European Convention on Human Rights does not provide couples with an unqualified right to live in whichever country they choose. States are entitled to set requirements for family immigration that properly reflect the public interest. Indeed, the courts have upheld the lawfulness of the English language and financial requirements under the Immigration Rules, finding that they strike a fair balance between the interests of those wishing to sponsor a spouse to settle in the UK and of the community in general.
Those and the other requirements of the family Immigration Rules for spouses and partners provide the right basis, in our view, for sustainable family migration and integration. The amendment would undermine that. The rules that the coalition Government reformed in the last Parliament are having the right impact and are helping to restore public confidence in the immigration system. I hope, despite our difference in views on this, that the noble Lord will agree to withdraw the amendment.