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Mon Jun 11, 2012, 05:16 AM

Theresa May ready for showdown with courts over foreign prisoners' rights

Theresa May is heading for a renewed showdown with the courts over the rights of foreign prisoners battling to avoid deportation after signalling that she would bring in primary legislation if judges failed to implement new rules.

The home secretary said she would seek the backing of parliament to give priority to deportation above the right to family life enshrined in article 8 of the European convention on human rights.

MPs are to be asked in the next few weeks to approve a Commons motion advising the judges that the right to family life is not absolute and should be overridden if doing so is in the national interest. May also said she would set out on Monday an overhaul of the rules on family migration that will mean UK citizens earning less than £18,600, depending on the number of children involved, will not be allowed to bring a foreign husband, wife or partner into Britain to live with them.

The gross income threshold is lower than the minimum £25,700 figure that May tried to persuade Nick Clegg to accept, according to a letter leaked in March. The home secretary said a minimum gross income of £24,800 would be needed if there were two children involved, with a further £2,200 for each extra child. It is believed that as many as 25,000 families a year could be affected by the changes.

http://www.guardian.co.uk/politics/2012/jun/10/theresa-may-human-rights-lawyers

4 replies, 1035 views

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Reply Theresa May ready for showdown with courts over foreign prisoners' rights (Original post)
dipsydoodle Jun 2012 OP
muriel_volestrangler Jun 2012 #1
dipsydoodle Jun 2012 #2
muriel_volestrangler Jun 2012 #3
dipsydoodle Jun 2012 #4

Response to dipsydoodle (Original post)

Mon Jun 11, 2012, 05:50 AM

1. Wow - look at the income levels they were first proposing

The Home Secretary also refers in the latter, dated 14 March, to a need to "differentiate between genuine and non-genuine relationships" - a clear sign that ministers believe many of the marriages entered into under the current system are sham.

She tells Mr Clegg: "In particular I propose a minimum income threshold of £25,700 for a British citizen or person settled in the UK to sponsor the settlement of a spouse or partner of non-EEA nationality."

For a partner with one child, the income threshold would rise to £37,000 a year, for two to £49,300 and for three children it would hit £62,600 according to the letter.

http://www.telegraph.co.uk/news/uknews/immigration/9165090/Ministers-plan-major-immigration-crackdown.html


It looks like they were basically trying to say "no children in unless you're rich enough for your taxes to pay for their entire education and healthcare".

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Response to muriel_volestrangler (Reply #1)

Mon Jun 11, 2012, 05:58 AM

2. Seemed to me the figure is related to

that which would not require additional benefits and on which NH payments would be due. As such no additional state funding would be necessary.

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Response to dipsydoodle (Reply #2)

Mon Jun 11, 2012, 08:45 AM

3. That's the £18,600 figure, I think; the higher ones are based on mean pay

Here's the Migration Advisory Committee report: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/aboutus/workingwithus/mac/family-migration-route/family-migration-route.pdf?view=Binary

Our preferred threshold using the benefits approach is £18,600 per year (option 7, two-adult household). This figure was calculated by making the following assumptions, which we believe to be reasonable:
 Because the question above asks us what the income threshold should be to ensure that the sponsor‟s family does not become a „burden on the state‟, the threshold is set at the point at which the family is not entitled to receive any income-related benefits (including Tax Credits).
 The amount of rent that the sponsor‟s family pays is equal to the unweighted average of the Local Housing Allowance amounts for a one-bedroom property for Great Britain, because this is likely to best represent the „typical‟ family.
 The household consists of two adults, to compensate for the relatively narrow interpretation of „burden on the state‟ under this approach, and to capture the impact in terms of benefit entitlement of the addition of an adult to a household.

Our preferred threshold using the net fiscal approach is £25,700 per year (option 9, one-adult household). This figure was calculated by making the following assumptions:
 The threshold is set equal to mean household income, to capture the approximate point at which a household might reasonably be expected to make a neutral net fiscal contribution.
 The household consists of one adult, because we have assumed that the income of the spouse/partner is not taken into account when calculating the sponsor‟s family‟s income.


How the Home office arrived at the huge figures for families with children first proposed (eg £62,600 for 3 children - 2.43 times the level for 2 adults) isn't clear - the MAC's upper figure based on maintaining an equivalent standard of living says a 3 child, 2 parent family needs 180% the income of a 2-adult household. The 3 child, 2 parent household level at which they would receive no benefits is calculated as £27,200.

So the Home Office's first try seemed to increase the income even above the highest level the MAC suggested, when looking at children. It's about £12,000 per child. Since they are assuming only the British spouse will work, they don't assume they pay for child care. I don't think any other government figures reckon you need £12,000 extra in income per child. I think they must have added on some to say "we want some extra tax for schooling and healthcare".

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Response to muriel_volestrangler (Reply #3)

Mon Jun 11, 2012, 08:58 AM

4. How the Home office arrived at the huge figures....

The origin of many government figures regardless of who's in power remain one of life's great mysteries to me.

I will now go find Miss Terry for an answer.

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