Putting Families at the heart of Family Visa Policy

Introduction

1. Scotland welcomes those who move to Scotland to make a positive contribution to our economy, public services and communities.

2. The Scottish Government believes fundamental change is needed to the approach to family migration.

3. The UK family migration rules are considered to be some of the most restrictive among high-income countries, scoring just 29 out of 100 in the Migrant Integration Policy Index (MIPEX) in 2022 and being rated second last of all the countries reviewed. MIPEX notes that “Family reunification remains a major obstacle for non-EU newcomers to the UK, which ranks second from the bottom among MIPEX countries. They face unfavourable, restrictive requirements and definitions of family. Family-reunited migrants do not enjoy a fully secure future.”^[1]

4. The restrictive nature of the family migration route is regularly highlighted in public correspondence to Scottish Ministers. These cases reinforce the concern of the Scottish Government that restrictions on family migration to the UK are having a damaging impact on many Scottish people, their families, their communities and the economy.

5. Scotland has distinct demographic challenges and all of our population growth comes from migration, either from the rest of the UK or internationally. We want people to come to Scotland to make their homes here and make a positive contribution to our economy and public services. We know that people who come to the UK on a family visa route are more likely to stay than those who arrive on work and study visas. The Migrant journey: 2023 report^[2], published by the Home Office, shows that since 2007 of those whose first leave to enter the UK was on the family route, 62% had indefinite leave to remain (ILR) after 5 years, increasing to 83% after 10 years. This is much higher than those starting on work and study routes, where 21% and 7% respectively had ILR after 10 years.

6. The independent Expert Advisory Group on Migration and Population published a report on family migration^[3] in 2021 analysing the role of families in migration and settlement and considering the ways in which policies at a local, Scottish, and UK level might support and promote immigration and settlement in Scotland.

7. There are several areas where policy changes and improvements could be made to the Family Visa route to better meet Scotland’s needs. An attitudinal change is also required. UK policy frames family migration as a burden on society. The Scottish Government believes this is not true, and that people who are entitled to live in Scotland, both international migrants and UK citizens, should be able to bring their family with them. Scotland needs people to live, work and raise their families here, in light of the pronounced demographic challenge that the country faces. There is evidence that the ability to bring family members to Scotland is an important factor which encourages migrants to stay long-term and contribute to the growth of stable and settled communities. Our approach to family migration needs to reflect that.

8. The core policy changes the Scottish Government wants to see in family migration can be grouped into three broad categories:

• Defining family members – including revising the restrictive definition of ‘family members’ under the family migration route, reforming the current rules whereby when children reach a certain age they are no longer considered to be ‘dependent’ on their parents and therefore cannot enter through the family migration route, and reviewing rules on adult dependant relatives.
• Financial and Maintenance Requirements – the income thresholds that sponsoring family members have to meet, along with the savings and maintenance requirements and the provisions for allowing third parties to contribute their support.
• Children born or raised in Scotland - a more compassionate and flexible approach to cases involving children and young people who are born in Scotland or have spent their formative years here, with consideration given to individual circumstances, the extent of their integration into society and the length of time they have been living in the UK.

9. The Migration Advisory has been commissioned by the Home Secretary specifically to review the financial and maintenance requirements and this paper therefore focuses on that aspect of the family visa route.

About this Paper

10. This paper sets out the Scottish Government’s response to the call for evidence launched by the UK Migration Advisory Committee (MAC) on the financial requirements for family visas including the Minimum Income Requirement (MIR) which is currently set at £29,000 and the adequate maintenance requirement.

11. This paper follows the structure of that call for evidence, and is informed by the report by the independent Expert Advisory Group on Migration and Population on the family visa route – ‘Family migration: understanding the drivers, impacts and support needs of migrant families’, published in 2021. It therefore outlines the background to the minimum income threshold on the Family Visa route; international obligations and covers the following key questions as set out in the MAC’s call for evidence:

• Principle of a minimum income/financial requirement for a Family Visa;
• Consideration of the level for a minimum income requirement;
• Whether the family immigration rules balance respect for family life with maintaining the economic wellbeing of the UK; and
• Practical impacts of the financial threshold rules.