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 and grants of indefinite leave to remain
(1)
Within six months of the passing of this Act, the Secretary of State must by immigration rules provide for all visa grants, including spousal visas, to be conditional on the following—
(a)
the requirement that the applicant or their dependents will not apply for any form of “social protection” (including housing) from the UK Government or a local authority, where “social protection” is defined according to the Treasury’s Public Expenditure Statistical Analyses, subject to any further definition by immigration rules,
(b)
the requirement that the applicant’s annual income must not fall below £38,700 (or six months or more in aggregate) during the relevant qualification period.
(2)
Immigration Rules made under subsection (1) must ensure that any breach of the conditions set out in that subsection will render void any visa previously granted.
(3)
The Secretary of State is not permitted to grant leave outside the immigration rules or immigration acts.
(4)
A person is not eligible to apply for indefinite leave to remain in the United Kingdom if any of the following conditions apply.
(5)
Condition 1 is that a person is a “foreign criminal” under section 32 of the UK Borders Act 2007.
(6)
Condition 2 is that a person, or any of their dependents, has been in receipt of any form of “social protection” (including housing) from the UK Government or a local authority, where “social protection” is defined according to the Treasury’s Public Expenditure Statistical Analyses, subject to any further definition by immigration rules.
(7)
Condition 3 is that a person’s annual income has fallen below £38,700 for six months or more in aggregate during the relevant qualification period.
(8)
A person who has entered the United Kingdom—
(a)
under the Ukraine visa schemes;
(b)
under the Afghan Citizens Resettlement Scheme;
(c)
under the Afghan Relocations and Assistance Policy; or
(d)
on a British National Overseas visa,
is exempt from the requirements of Condition 2 and Condition 3.
(9)
For the purposes of subsections (1)(b) and (7)—
(a)
the condition applies only to earnings that have been lawfully reported to, or subject to withholding tax by, HM Revenue and Customs; and
(b)
the relevant sum of annual income must be adjusted annually by the Secretary of State through immigration rules to reflect inflation.
(10)
The Secretary of State may by immigration rules make further provision varying these conditions, including by way of transitional provisions.”
Member's explanatory statement
This new clause would place certain minimum restrictions on the granting of visas or indefinite leave to remain. It would require migrants to be self-sufficient and do not require state benefits, and would deny ILR to foreign criminals.