In 2010, family immigration accounted for approximately 18% of all non-EU immigration to the UK—around 54,000 people out of 300,000. However, like the rest of the immigration system, family immigration has not been regulated effectively for many years. Sham marriages have been widespread, people have been allowed to settle in Britain without being able to speak English, and there have not been rules in place to stop migrants becoming a burden on the taxpayer. We are changing all that. The UK needs a system for family migration that is underpinned by three simple principles: first, that those who come here should do so on the basis of a genuine relationship; secondly, that migrants should be able to pay their way; and thirdly, that they are able to integrate into British society. If people do not meet those requirements, they should not be allowed to come here.

In July last year, the Government published a consultation on precisely how such a family migration system can be developed. Today I am setting out the new measures that we are introducing, and will shortly lay before Parliament the necessary changes to the immigration rules, to come into effect on 9 July. I shall place in the Library copies of the detailed statement of intent, together with a summary of the responses to the consultation. When I lay the changes to the rules, I will also publish the impact assessments of the new measures.

For too long we have had an immigration system that could be easily exploited by sham relationships. We are stepping up our enforcement activity, but it is important that policy reflects the seriousness of the problem as well. We will therefore increase the minimum probationary period for new spouses and partners from two years to five years. We will also publish new guidance to help caseworkers identify sham marriages.

For too long we have had an immigration system that did not take into account whether people coming here could pay their way. The Government’s reforms will mean that anyone who wishes to bring a foreign spouse or partner, or dependants to Britain will have to be able to support them financially. They must not become a burden on the taxpayer. Following advice from the Migration Advisory Committee, we will set a minimum income threshold of £18,600 for sponsoring a partner to settle in the UK. This is the level at which a sponsor can generally support themselves and a partner without accessing income-related benefits. Children involve additional costs for the state. To reflect this, there will be a higher threshold for each child sponsored: a £22,400 threshold for a partner with one child, with an additional £2,400 for each further child.

It has also been too easy for elderly dependent relatives to join their migrant children here and then potentially become a burden on the taxpayer. Therefore, if someone wants to sponsor a dependent relative to come to Britain who requires personal care, they will have to show, first, that they cannot organise care in the relative’s home country and, secondly, that they can look after the relative without recourse to public funds. We will also limit to close family the people who are able to access that route: parents, grandparents, sons, daughters, brothers and sisters. Aunts and uncles will no longer be eligible to come here through the family route. Future applications will also have to be made from overseas, not while the applicant is here as a visitor.

For too long, people have been allowed to settle in Britain without being able to speak English well enough and without having a proper appreciation of our values. So, from October 2013, all those who wish to live here will need to demonstrate that they are able to participate fully in British life. All applicants for settlement will need to pass the “Life in the UK” test and, because a person cannot integrate if they cannot communicate, we are strengthening the language requirement by introducing a separate English language test at intermediate level.

The family migration system will work best if it is able to operate efficiently. That means simplifying processes and removing unnecessary waste. The cost of administering appeals against family visit visa refusals is around £29 million a year. No other category of visit visa attracts a full right of appeal. So the Crime and Courts Bill will remove the full right of appeal for family visitors, bringing the process in line with the rest of the immigration system. In the meantime, we will lay new regulations to restrict the full appeal right to those applying to visit a close family member who has settled, refugee or humanitarian protection status in the UK.

In developing all the measures that I have outlined, the Government have had article 8 of the European convention on human rights—the right to respect for private and family life—very much in mind. But, as the convention itself makes clear, article 8 is not an absolute right. The convention allows the state to interfere in the exercise of article 8 rights when it is in the public interest to do so, and when the interference is proportionate to the public interest being pursued. In an immigration context, it allows necessary and proportionate interference on public safety grounds, or to protect the UK’s economic well-being.

Article 8 is clearly a qualified right, but Parliament has never set out how it should be qualified in practice. So, for too long, the courts have been left to decide cases under article 8 without the view of Parliament, and to develop public policy through case law. It is time to fill the vacuum and put the law back on the side of the British public, so we are changing the immigration rules to establish that if someone is a serious criminal, and if they have not behaved according to the standards that we expect in this country, claiming a right to a family life will not get in the way of their deportation.

If a foreign criminal has received a custodial sentence of 12 months or more, deportation will normally be proportionate. Even if a criminal has received a shorter sentence, deportation will still normally be proportionate if their offending has caused serious harm or if they are a persistent offender who shows particular disregard for

the law. For the most serious foreign criminals—those sentenced to four or more years in prison—article 8 rights will prevent deportation only in the most exceptional of circumstances.