Love Is Not all you Need: Income Requirement for Visa Sponsorship of Foreign Family Members
Tóm tắt
In this paper, we explain conceptually how income requirements for citizens of a country to sponsor visas of foreign family members discriminate against certain groups of the population. Then, we analyse the case of an annual income requirement of £18,600 adopted by the UK Government in 2012 to sponsor visas of non-EEA partners and children in order to show the degree to which the policy discriminates against women and ethnic minorities. Results suggest that, controlling for relevant socio-demographic characteristics, British working women are 30 percentage points less likely to earn enough to sponsor a non-EEA partner compared to males, while working British ethnic minorities are 7 percentage points less likely to earn enough compared to the British White group. In order for the income requirement to have the same impact on men and women’s ability to sponsor their partner, it would in theory be necessary to reduce the annual income threshold to £15,550 for British women and raise it to £24,600 for British men. Given the conceptual problems with such an approach, we also explore whether there are other ways to reduce the indirect discriminatory effects of the threshold. Specifically, we show that the practice of not accounting for the potential earnings of the non-EEA spouse in the UK when considering visa applications likely penalises women more than men.
Tài liệu tham khảo
Advisory, Conciliation and Arbitration Service. What’s the difference? Direct and indirect discrimination: ACAS Workplace Snippets; 2013.
Blinder S. Non-European labour migration to the UK. Oxford: Migration Observatory; 2017.
Broughton A, Adams L, Cranney M, Dobie S, Marangozov R, Markaki Y, et al. Examining employers’ practices and attitudes to employing UK-born and foreign-born workers. London: Equality and Human Rights Commission; 2016.
Budig MJ, England P. The wage penalty for motherhood. Am Sociol Rev. 2001;66(2):204–25.
Court of Appeal. MM & Ors, R (On the Application Of) v Secretary of State for the Home Department (Rev 1) EWCA Civ 985, 11 July 2014.
Desira C. Home Office makes changes to appendix FM minimum income rule following MM case. Free movement blog, 10 August 2017. 2017. Available at: https://www.freemovement.org.uk/home-office-makes-changes-appendix-fm-minimum-income-rule-following-mm-case/ (accessed Aug 23 2018).
Goodwin MJ, Heath O. The 2016 referendum, Brexit and the left behind: an aggregate-level analysis of the result. Polit Q. 2016;87(3):323–32.
Hampshire, James (2013) “The politics of immigration: contradictions of the liberal state” Polity Press.
High Court. MM, R (on the application of) v The Secretary of State for the Home Department. EWHC 1900 (Admin), 05 July 2013.
Home Office. “Immigration: home secretary’s speech of 5 November 2010.” 2010. Available on: https://www.gov.uk/government/speeches/immigration-home-secretarys-speech-of-5-november-2010 (accessed 23 Aug 2018).
Home Office. Family migration: a consultation. London: Home Office; 2011a.
Home Office. Family migration: evidence and analysis. London: Home Office; 2011b.
Home Office. “Changes to family migration rules: impact assessment.” London: Home Office; 2012.
Home Office. Migrant journey: sixth report. London: Home Office; 2016.
Home Office. Policy and legislative changes affecting migration to the UK: timeline. London: Home Office; 2018a.
Home Office. 2018 Home Office Immigration Statistics. London: Home Office; 2018b.
Huddleston T. “Can’t buy me love.” MIPEX Blog. 2012. Available at: http://www.mipex.eu/blog/?p=1321 (accessed 23 Aug 2018).
Immigration Law Practitioners’ Association. Family migration: sponsoring a partner under the immigration rules and the minimum income requirement. London: ILPA; 2017.
Irish Naturalisation and Immigration Service. Policy document on non-EEA family reunification. Dublin: INIS; 2016.
Kilkey M. Conditioning family-life at the intersection of migration and welfare: the implications for ‘Brexit families’. J Soc Policy. 2017;46(4):797–814.
Migrant Integration Policy Index. Barcelona Centre for International Affairs and Migration Policy Group. 2015. Available at: http://www.mipex.eu/ (accessed 23 Aug 2018).
Migration Advisory Committee. Analysis of the impacts of migration. London: MAC; 2012.
OECD. International migration outlook: 2017. Paris: OECD; 2017.
Office for National Statistics. Quarterly Labour Force Survey, 1992–2018: Secure Access. [data collection]. 13th Edition. UK Data Service. SN: 6727, 2018. https://doi.org/10.5255/UKDA-SN-6727-14
Sirriyeh A. All you need is love and £18,600′: class and the new UK family migration rules. Crit Soc Policy. 2012;35(2):228–47.
Spencer S, Pobjoy R. Equality for all? The relationship between immigration status and the allocation of rights in the United Kingdom. Eur Human Rights Law Rev. 2012:160–75.
Sumption M, Fernandez-Reino M. “Exploiting the opportunity: low-skilled worker programmes after Brexit” Migration Observatory report: COMPAS, University of Oxford; 2018.
Sumption M, Vargas-Silva C. “The minimum income requirement for non-EEA family members in the UK.” Migration Observatory report: COMPAS, University of Oxford; 2016.
Vargas-Silva C. EU migration to the UK: trends and impacts. Intereconomics. 2014;49(3):123–8.
Vargas-Silva C. EU migration to and from the UK after Brexit. Intereconomics. 2016;51(5):251–5.
Yeo, Colin. “The immigration rules for adult dependant relatives: out with the old…” Freemovement blog, 8 November 2017. 2017 Available at: https://www.freemovement.org.uk/out-with-the-old/ (accessed 23 Aug 2018).