My Lords, I beg leave to ask the Question standing in my name on the Order Paper. In doing so, I declare an interest, in that my wife's daughter is married to a non-British citizen.
The Question was as follows:
To ask Her Majesty's Government what steps they are taking to ensure that bona fide spouses and civil partners of British citizens can join and reside with their families in the United Kingdom without hindrance.
My Lords, the Government are committed to a policy of supporting managed legal migration to the UK, from which our economy and society derive great benefits. For those seeking to settle in the UK as spouses, it is important that we have provisions to enable us to differentiate between genuine and failed or sham relationships. The Immigration Rules facilitate the entry of those in genuine relationships, while preventing abuse.
My Lords, I thank the Minister for that reply. I know he takes a great interest in this area. However, can he assure me that the only test that is relevant to a British citizen being able to live with their non-British husband or wife in the UK is that the marriage is real? That should surely be the only test. Should not the state avoid getting involved in anything beyond that?
My Lords, my interest in this subject is enhanced by the Question, and other questions of this sort. The test the noble Lord mentions is important but it is not the only test. A number of rules are required to be followed as regards migration of spouses or others. We have a two-year probationary period to ensure that a distinction is made between genuine and potentially sham relationships. We have a requirement as regards seeking and achieving proficiency in the English language and a requirement that spouses entering from abroad will be supported for two years without being a burden on the state. These are important parts of our migration policy and of our ability to sustain and support the relationships of which the noble Lord speaks.
My Lords, I recently married in the Palace of Westminster a resident of Texas. My spouse was told that she had to travel half way round the world in order to get her visa. Surely in these days of modern technology, particularly with the internet, she ought to have been able, without leaving the United Kingdom, to get her passport stamped to state that she could reside here as my wife.
My Lords, I still seek the first Question Time when I will not have to say, "I shall write to the noble Lord". On this occasion I congratulate him on his new-found status and on the fact that his bride is from Texas. I trust that she is celebrating the new American presidency today, as are most Americans.
My Lords, there are frequent allegations that marriage is one of the greatest sources of abuse of our immigration system and that at the end of the two-year period there is very limited monitoring of whether marriages still subsist. What proposals do the Government have to meet these anxieties?
My Lords, continuing my previous theme, it is nice to say, "Yes we can". We are concerned about the danger of forced marriages and that is why we have a monitoring period. A unit was launched by the Foreign and Commonwealth Office and the Home Office in 2005 to look at marriages which may not be genuine and may be forced. The UK Border Agency is in the process of developing a code of practice to deal with alleged forced marriages. There are 300 to 400 cases per year, mostly involving young women, and these are the subject of investigation.
My Lords, in their response to the consultation document on marriage visas, the Government say that they are not sure that the existing powers to revoke ILR after two years for reasons of deception are sufficient in law, and that they may need to put something into the Citizenship, Immigration and Borders Bill that is coming up in the Queen's Speech. An inquiry was being made into that by the Forced Marriage Unit. Has that come up with any results? Have the Government decided whether it is necessary to extend the law in the way that was foreshadowed?
My Lords, I should perhaps make it clear that the English language provision is a requirement not for entry but for settlement. The document Marriage Visas: The Way Forward was published this summer. It was widely consulted on; some 120 organisations were consulted. There seems to be broad support for the Government's position, but it is a developing situation, and one cannot anticipate the Queen's Speech.
My Lords, the Minister emphasises that new spouses coming to this country need to learn English. Would it not be sensible to give them free English lessons rather than make them pay for those lessons?
My Lords, there is a long answer and a short answer. The short answer is, "I think not".
My Lords, does the noble Lord accept that when he said that that is not the only test, there was a sigh of relief in the House?
My Lords, the sigh of relief on that occasion may have been for the short answer that I gave rather than anything else. Primarily, it is a balance between what we require of migrants, whether spouses or others, what they contribute to our society and how we support them. The Government's balance is about right.
My Lords, are the two spouses interviewed separately when applying for a visa? That would give an opportunity for someone being forced into marriage to declare that fact.
My Lords, I suppose it depends entirely whether the interview takes place in the country of origin or the country of receipt. I will write to the noble Lord on that point.
My Lords, will the Minister indicate the specific actions that the Government will be taking when dealing with the spouses in forced marriages?
My Lords, the point of dealing with forced marriage is to ensure that young people—not just women; some 50 per cent of cases involve men—are not forced into marriage by whatever form of coercion, whether threat of physical or emotional harm or the threat of bringing shame on the family. Forced marriage is not permitted in the United Kingdom. That is why we have a serious investigation into each individual case, and that is why we are raising the age at which someone can sponsor or be sponsored to be a spouse from 18 to 21. That comes into effect on the 27th of this month.