Theresa May, as per her now-weekly ritual, manages to make herself 
look ridiculous again. This time it's over Article 8 of the European 
Convention on Human Rights, or as Ms May likes to refer to it, "Human" 
rights. That's okay, Theresa - I use scare quotes when referring to you 
as a "human" too.
Article 8 is the right to a family 
life which, if you read the right-wing papers, is somehow responsible 
for everything wrong in Britain today. How exactly something intended to
 keep families together is in direct opposition to the aims of a 
government that claims its priority is to... err... 
keep families together is some question indeed.
This is the law that, according to May last year, let someone brown and gay stay in the UK because 
he had a cat.
 Only, that isn't what happened. Because as people who have interacted 
with the law know, it's wasn't the immigrant's rights that were being 
upheld. Nor even the cat's. It was the human rights of his UK-born, 
British partner. A right which May does not consider "absolute".
The changes are set to come in July 9th. If your wedding is scheduled for the day after, too bad, according to May. It's being 
couched with stories of criminals for now. Andrew Marr i
nterviewing May this morning
 tried to focus on that aspect. But in the interview May clearly spoke 
of targeting all family settlement visas. As those of use who have been 
following the proposed changes know, the government would like very much
 for this policy to apply to everyone. Unless of course they're rich.
Chew
 on that a while if you please. Because for every story of some migrant 
who, according to the rabid anti-immigration types, is packing the 
country full and sheltering behind their "supposed" "human" "right" to 
"a" "family life" (have I got enough quotes in there for you, Theresa?) 
there is actually a British person whose family is being threatened. 
You
 might not like the idea of British people falling in love with 
foreigners and wanting to settle here, you know, the place where they 
live. But there it is.
Add to that the fact that people from elsewhere in the EU can bring 
their non-EU spouses here, claim treaty rights, and settle with almost 
no need to navigate the byzantine UK Border Agency applications. 
The government is endorsing a policy that actively discriminates against the families of British people. Surely even people who oppose all immigration must be wondering what the hell is going on there.
And while we're here, let's bust a few myths:
- The criminal myth. This route lets in criminals? Um, no. 
Applying under the family route already means you can't enter if you 
have unspent convictions (even traffic violations) in the UK or your 
country of origin. 
 
- The benefits myth. This route leads to foreigners eating up 
UK benefits without paying in? Wrong again. Applying under the family 
route already means you have no recourse to public funds, i.e. benefits.
 It's stamped on your visa so there's no mistaking.
 
- The job-poaching myth. Non-EU migrants are stealing jobs from
 British people? Go on, pull the other one. By EU law it is illegal to 
hire a non-EU/EEC person unless the employer can show there were no
 minimally qualified European applicants. This is one I've run up 
against before. It's deeply depressing to be told you were by far the 
best applicant, but someone whose qualifications barely scraped the job 
description is hired instead. If someone like me gets a job, say, 
scrubbing toilets for minimum wage - which I have done - it's not 
because I was willing to work for less. It's because British people 
didn't want that job enough to even apply for it. Not my fault.
 
No one disputes the right – indeed, the responsibility – of a 
government to oversee migration and restrict it where necessary. Most of
 us who come here do not object to playing by the rules. But the reasons
 May gave for the changes are misleading. The consultation she 
references was heavily influenced by suggestions from the pressure group
 MigrationWatch and concerned mainly with forced marriage and money. And
 crucially, they will do nothing to stop people who flout the rules, 
only punish people who do try to do things by the book.
May
 claims changing the settlement rules will "differentiate between 
genuine and non-genuine relationships". Only the government's already 
making forced marriage illegal.
 Detailed spouse interviews might be a sensible policy to put off sham 
weddings but May has no plans to introduce these, as presumably that 
would mean hiring and training more Border Agency staff. May is 
concerned about migrants not fitting in, as well. But there are no 
suggestions the Life In the UK test will be changed to become more 
relevant... and in fact, May wants more people to take it. The laughably
 unfit-for-purpose LIUK tests out-of-date information that is not 
remotely useful for living here. I memorised the percentage of 
single-parent families in Wales circa five years ago for why, exactly? 
It's as good a tool for integration as a spork is for digging the 
Channel Tunnel. A 
1950s ship steward's handbook is better prep for living here. A copy of 
Heat better still.
Let's
 look at a couple of suggestions for reforming immigration that are 
often suggested by the public, who probably have a better understanding 
of the needs of the British economy than most politicians do:
- Many people say they would like to see an immigration points system
 across the board, like the one used for the now-discontinued Tier 1 
General visas. This system took into account a balance of age, 
qualifications, employment, history in the UK, as well as income. It 
wasn't perfect but at least it acknowledged that people who are young 
and qualified or employed as key workers are unlikely to have high 
incomes (yet). 
 
- People also say they would like a system "like Australia's". Australia
 is sometimes assumed to be the last word in hardline immigration 
policy. But as far as I know - this from friends of mine who have moved -
 the British people who qualify for skills-based residency are allowed 
to bring their partners and families regardless of income. Short term 
access to cash isn't the main factor; the longer-term needs of the local
 economy are. An electrician's wife gets to stay because she is a family
 member and he is vital to their growth. It seems reasonable.
 
So why is Theresa still harping on if forced marriage, sham 
unions, integration, and net benefit to long-term economic health are 
not actually being addressed by the change?
The key to 
what these proposals really mean is in the election pledge: Cameron 
promised to reduce net migration. That's not the number of migrants 
total, that's the difference between migrants arriving and British 
citizens leaving. Sorry to break it to those who think the country is 
"packed full" or "under siege": the government is not interested in 
decreasing migration 
per se. 
They'd be as happy if immigration increased, as long as loads of Britons left. Put that in your pipe and smoke it, 
Mail readers.
While
 the majority of incomers to the UK come from Europe, EU inward 
migration is something that can not be changed legally without leaving 
the EU. As well, fewer Brits are moving to Spain and France than used to
 since the bottom fell out of the new build market there. So attacking 
the family route, non-EU migrant is the easiest way to lower the 
numbers. If a married couple cannot settle, not only has a migrant left,
 so has a UK citizen. This gets net migration down twice as fast as 
controlling other visas. The approach is crafted to appear successful to
 the rightwing without producing meaningful change for anyone.
Getting
 extra British people to leave must be part of the consideration, 
otherwise why attack family route visas at all? It's not the largest 
category by a long shot. Last year 564,005 non-visitor visas were issued
 outside the UK. Of those, 57% were student visas, 26% were work visas 
and a scant 8% were family settlement. They've already taken steps to 
ensure coming in as a student is not a route to settlement, and work 
visas are being tightened as well. Even with those changes it's going to
 be next to impossible to get net migration in line with the party's 
promise without a lot of people leaving. The potential to double the 
result is what makes raising the bar for family settlement so attractive
 to the likes of May. 
Even so, the numbers are not 
going to go down that easily - even someone whose stand on immigration 
is very conservative should be able to see that May's plan will not 
deliver the promised numbers. EU migration in particular can not be 
addressed in the current system. Well, helpfully, the stalling economy 
affects net migration too. Plenty of folks say they would leave if they 
could, 
many are.
 Hey presto, population control achieved at the cost of making people 
into the very economic migrants they say they hate. Way to go Dave and 
Co.!
If I sound cynical about the government juking the
 stats that's because I am. In 2010 I changed from highly skilled 
migrant to a marriage visa out of attachment to my husband and as a 
statement of our intent to live in the UK. Little did I think that it 
might have been better to stay with the visa I was on, or even remain 
single. Those aren't the kinds of jaded assessments you want to make 
when planning a life together.
Our situation is better 
than many because I was already working here, so my income counts on our
 applications. For those who meet abroad the picture is very different. 
Overseas income doesn't count unless you have huge savings to bring here
 - over £16k under the new rules. Third party support (aka getting cash 
from family) will no longer count towards income. And there will no 
doubt be people who fall in love and get married before they realise 
there's no way they can bring their new husband or wife to live with 
them. Not legally, anyway.
May proposes upping the 
minimum income level to £18600, goes up to £22000 if you have a child, 
then adds £2400 for each additional dependent. 
In other words: means-tested love. It
 doesn't consider a 
family's real expenses, wealth such as house equity, or where they live.
 Apart from London and the Southwest, average gross earnings for 
families of any size everywhere are close to or below this amount. Huge 
numbers of UK households would not meet the new requirement. The 
applications care about income only - not the type of work you do or 
whether it's in demand - so key workers like teachers and nurses would 
be unable to sponsor a partner. 
Here is a template to write your MP about these changes.
In
 spite of the vast differential in living expenses between various parts
 of the country, there is no suggestion a family's actual expenses will 
be taken into account. For example: we live in the Scottish Highlands 
and own our house outright, so basic monthly outgoings are minimal 
compared to someone who is carrying a mortgage in London. We all know 
people who are barely making ends meet on professional incomes and 
others who are living their dream on a shoestring budget. Applying an 
arbitrary income level to all applicants makes no sense.
Under
 the old rules, family-visa applicants must already show they have 
enough income to cover essential bills. Most submit a budget to reflect 
their individual circumstances. This is to prevent migrants from relying
 on the state; what critics of family immigration don't realise is that 
most of us can't receive benefits anyway. My biometric ID (remember 
those? You may not have them, but we do) clearly states "No public 
funds". Family migrants can – and do – go to work and pay into the 
system like anyone else. If you have the right to work but no right to 
public funds of course that's what you do. And we are not exempt from UK
 taxes just because we weren't born here.
There is a pervasive 
myth that migrants do not contribute, which is in stark contrast not 
only to 
most people's real-life understanding of the immigrant work ethic,
 but also  just about any stats you care to present (see below for the 
numbers on benefits). Look at the representation of visible first- and 
second-generation migrants in food service, in the NHS... these are not 
people who came over with established careers and huge bank balances, 
because if you already had those, why would you move halfway round the 
world? They're people who came with skills, desire, and elbow grease to 
spare. If you think migration started with New Labour and is a net loss to 
Britishness, then maybe it's you who should be taking the Life in the UK
 test. 
DWP statistics [
pdf]
 show foreign-born residents – at 13% of the population – represent only
 6.4% of benefits claimants; 7% of foreign-born residents receive them, 
compared with 17% of UK-born residents. (In these stats, 'foreign born' 
can mean EU, who are entitled to benefits here unlike most non-EU; it 
can also mean born abroad but British passport holding as well. So for 
foreign-born, non-EU, non-UK passport, the percentage is probably rather
 lower.)
Consider same-sex partnerships, for whom 
moving elsewhere as a couple may not be an option whatever their income.
 I hope the LGBT community starts to make more noise about this, because
 my guess is it will be a same-sex union that is the first to test May's
 changes in court. Many same-sex couples do not have the option to 
"just" settle elsewhere as a family. 
Here's a couple already facing potential problems
 from those changes, whose wedding date was set ages ago for what now 
turns out to be three weeks after the new rules come in. The media 
fallout should things like this hit the court system? Will not be 
pretty.
Since when was income correlated with how real 
love is, or how well anyone fits in? Being able to afford jumping 
through the hoops does not make my marriage more genuine than anyone 
else's. It just means I have the money and time to negotiate the new 
rules. Most overseas partners will not be as lucky.
Vince Cable had it right
 when he criticised "the timewasting bureaucracy which stops foreigners 
working, studying in – or even visiting – Britain legitimately". The 
changes May suggests don't do much to worry the people who are staying 
illegally and cause a lot of stress for those who are on the level.
May's
 weasel words about the right to a family life not being "absolute" - 
her talk about "balancing" this right against other rights - doesn't 
hold water. How does a family settling here affect someone else's human 
rights? I've scratched my head on this a while and can't come up with a 
single sensible example. 
The spouses and family 
members, and British people who love them, are paying the price for 
political expediency and pandering. These are British families plain and
 simple and the current government wants them out. Make no mistake, 
natives: this government wishes you would all just go away.
This
 year I finally became a permanent resident of the UK after two years of
 marriage and a whole lot more of living and working here. As we left 
the Border Agency appointment my husband seemed a bit put out. "All they
 wanted were my bank statements and your fingerprints," he mused. "They 
didn't even ask me what colour your toothbrush was."