Lead member
Matt Vickers
Conservative, Stockton West
Commons
Decision
No decision
The House has not considered this amendment.
Amendment text
To move the following Clause—
“Restrictions on visas for spouses and civil partners
(1)
The Secretary of State must make regulations specifying the maximum number of persons who may enter the United Kingdom annually as a spouse or civil partner of another (the sponsor).
(2)
Before making regulations under subsection (1), the Secretary of State must consult—
(a)
in England and Wales and Scotland, such representatives of local authorities as the Secretary of State considers appropriate,
(b)
the Executive Office in Northern Ireland, and
(c)
any such other persons or bodies as the Secretary of State considers appropriate.
(3)
But the duty to consult under subsection (2) does not apply where the Secretary of State considers that the maximum number under subsection (1) needs to be changed as a matter of urgency.
(4)
The Secretary of State must commence the consultation under subsection (2) in relation to the first regulations to be made under this section before the end of the period of three months beginning with the day on which this Act is passed.
(5)
The regulations must specify that the number of persons from any one country who enter as a spouse or civil partner of a sponsor cannot exceed 7% of the maximum number specified in the regulations under subsection (1).
(6)
If, in any year, the number of persons who enter the United Kingdom as a spouse or civil partner of a sponsor exceeds the number specified in regulations under this section, the Secretary of State must lay a statement before Parliament—
(a)
setting out the number of persons who have, in that year, entered the United Kingdom as a spouse or civil partner of a sponsor, and
(b)
explaining why the number exceeds that specified in the regulations.
(7)
The statement under subsection (6) must be laid before Parliament before the end of the period of six months beginning with the day after the last day of the year to which the statement relates.
(8)
Within six months of the passing of this Act, the Secretary of State must by immigration rules make the changes set out in subsections (9) to (11).
(9)
The requirements to be met by a person seeking leave to enter the United Kingdom with a view to settlement as the spouse or civil partner of a person present and settled in the United Kingdom or who is on the same occasion being admitted for settlement includes that—
(a)
the applicant is married to, or the civil partner of, a person who has a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom and is, on the same occasion, seeking admission to the United Kingdom for the purposes of settlement;
(b)
the applicant provides evidence that the parties under subsection (9)(a) were married or formed a civil partnership at least two years prior to the application;
(c)
each of the parties intends to live permanently with the other as spouses or civil partners and the marriage or civil partnership is subsisting;
(d)
the salary of the person who has a right to abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom equals or exceeds £38,700 per year; and
(e)
the applicant and the person who has a right of abode in the United Kingdom are both at least 23 years old.
(10)
Leave to enter the United Kingdom as a spouse or civil partner under subsection (9) is to be refused if the parties concerned are first cousins.
(11)
For the purposes of this section, “local authority” means—
(a)
in England and Wales, a county council, a county borough council, a district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly, and
(b)
in Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994.”
Member's explanatory statement
This new clause would require the Secretary of State to specify a cap on the number of spouses or civil partners who may enter the UK, and on the number that may enter from any one country. It would also amend the immigration rules to set a salary threshold.