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New laws designed to slash the number of migrants by 300,000 a year risk splitting up families already living in the UK.
Brits could see their foreign partners told to leave the country the next time their visa comes up for renewal – if their household does not earn £38,700, No 10 said.
Experts, however, warned the planned crackdown was causing distress for many.
Downing Street defended the policy, saying it was right that “if you are bringing someone into the country you are able to support them”.
Under the plans unveiled on Monday those wishing to bring their spouse to the UK will now have to earn £38,700, a significant increase on the current figure of £18,600, and what has been described as a tax on love.
Former Tory minister Gavin Barwell said it was “both morally wrong and unconservative to say that only the wealthiest can fall in love, marry someone and then bring them to the UK”.
As well as applying to those yet to come to the UK, No 10 confirmed the new higher figure risks affecting those already here.
Asked if it would apply to partners when they came to renew their visas, No 10 said the change was “not retrospective, but it would apply to renewals in the future”.
At that point, people would be expected to “meet the visa requirements of the day”.
The prime minister’s official spokesperson added: “People always have a set length of time for their visas and will be aware at the conclusion of that visa time that they don’t have a guarantee that they will obviously remain in the country.”
The income level had not been updated for 10 years, No 10 said.
There are exemptions, but these will be on a case-by-case basis, and it stressed that the amount could be spread across the household.
Madeleine Sumption, the director of the Migration Observatory at the University of Oxford, said the changes would make the UK an outlier among western nations.
“This is definitely completely different to what any other high-income country does,” she said.
Josephine Whitaker-Yilmaz, from migrant rights organisation Praxis, said she was concerned for families who feel “forced to make horrible decisions” due to the changes.
The changes are due to come into effect in spring and will apply when existing visas for foreign spouses come up for renewal.
The prime minister's spokesperson said on Tuesday: “The family immigration rules contain a provision for exceptional circumstances where there would be unjustifiably harsh consequences for the applicant, their partner, a relevant child or another family member if their application were to be refused.”
No examples were given and the spokesperson said applications would be considered on a “case-by-case basis”.
Official figures from April show the median gross annual earnings for full-time employees in the UK was £34,963.
Boris Johnson has been accused of trying to rewrite history in advance of his appearance at the Covid inquiry on Wednesday, as unions and relatives of those who died said his team had been briefing favourable stories to newspapers.
The TUC and Covid-19 Bereaved Families for Justice UK, both core participants for this module of the inquiry, said the briefings had been about trying to salvage his legacy and contained “the usual lies and bluster”.
Johnson’s team have apparently helped to provide newspapers with a string of favourable stories before his appearance.
While briefings are within the rules, this is not the case if they rely on any materials provided to the inquiry, including witness statements. Heather Hallett, the chair of the inquiry, explicitly warned against briefing out details of witness statements in October.
Allies of Johnson insist he has not done this and that apparent direct quotes from his witness statement appearing in one report must have been leaked from another source.
If Lady Hallett sees things a different way, an already uncomfortable 48 hours for Johnson being questioned by Hugo Keith KC, the inquiry counsel, could begin with a direct reprimand.
After the existence of “disgusting and misogynistic” WhatsApp messages involving Dominic Cummings, Johnson’s former chief aide, was revealed in advance by the former chancellor George Osborne on his podcast, Hallett urged all those with access to evidence “to respect the terms on which it has been shared with them”.
It comes amid reports that six months-worth of Johnson’s own WhatsApp messages covering the start of the pandemic and lockdown cannot be retrieved due to “technical issues”.
Nathan Oswin, who leads on the inquiry for the TUC, said: “This inquiry is about learning the lessons of what went wrong so that we can save lives in the future. It shouldn’t be abused by politicians looking to salvage their legacies and rewrite history. Boris Johnson and Rishi Sunak must play by the rules and put people above their own political fortunes.”
Matt Fowler, a spokesperson for Covid-19 Bereaved Families for Justice UK, said: “Boris Johnson’s team appear to have been leaking his witness statement left, right and centre ahead of his appearance tomorrow. Unsurprisingly, the claims he’s making are the usual lies and bluster.
“The inquiry has already entirely debunked the claim that ‘he got the big calls right’. In reality, when news of the pandemic first struck, Johnson treated it all like it was a joke, and as cases began to rise he delayed locking down, causing thousands of unnecessary deaths, such as my dad’s. Even worse, when the second wave came around he repeated all of the same mistakes, leading to even more people dying than in the first wave.”
A source close to Johnson insisted that the former PM’s team had not leaked any evidence in advance, adding: “We are as upset about this as they are.”
Bereaved relatives and others are expected to protest outside the inquiry venue in Paddington, west London, as Johnson arrives. He is the only witness this week for the current module, which examines decision-making and government structures during Covid.
Johnson is expected to admit that errors were made but try to argue that there were some successes, for example the speed of the initial vaccine rollout, and efforts to swiftly reopen the economy as the pandemic eased.
He has spent many hours been briefed by his own legal team but, like all witnesses, he will face Keith and barristers for core participants without any support or notes.
As well as a chronology of the decisions made, he is likely to also be asked about the structure and personalities of a Downing Street operation described by some previous witnesses as having a “culture of fear”, “poisonous” and “mad”.
UK attempts to revive deal after court rules plan unlawful
Home Secretary says treaty addresses raised by courts
Government legislation expected to stop legal challenges
Lawyers and charities say plan is likely to fail
KIGALI/LONDON, Dec 5 (Reuters) - Britain signed a new treaty with Rwanda on Tuesday which it said would overcome a court decision blocking its plan to deport asylum seekers to the East African country, a ruling that dealt a huge blow to the government's immigration policy.
The Rwanda scheme is at the centre of the government's strategy to stop illegal migration and is being watched closely by other countries considering similar policies.
But last month, the United Kingdom's Supreme Court ruled that the plan would violate international human rights laws enshrined in domestic legislation.
Under the new treaty, signed by British Home Secretary (interior minister) James Cleverly and which replaces a non-binding memorandum of understanding, Britain said Rwanda would not expel asylum seekers to a country where their life or freedom would be threatened - one of the court's major concerns.
There will also be a monitoring committee to enable individuals to lodge confidential complaints directly to them, and a new appeal body made up of judges from around the world.
Cleverly said he expected migrants to be heading to Rwanda in the coming months because the treaty addressed all the issues raised by the Supreme Court
"I really hope that we can now move quickly," Cleverly told reporters in Rwanda's capital Kigali.
However, many lawyers and charities said it was unlikely that deportation flights could start before an election expected next year. The opposition Labour Party, which has a double-digit lead in the polls, plans to ditch the Rwanda policy if it wins.
Under the plan agreed last year, Britain intends to send thousands of asylum seekers who arrived on its shores without permission to Rwanda to deter migrants making the dangerous journey across the Channel from Europe in small boats.
In return, Rwanda has received an initial payment of 140 million pounds ($180 million) with the promise of more money to fund the accommodation and care of any deported individuals.
PRESSURE
Prime Minister Rishi Sunak, now in power for just over a year, is under intense pressure from both his own lawmakers and many voters to cut net migration, which hit a record 745,000 last year, with the vast majority coming through legal routes.
"Stop the boats" is one of five goals Sunak set for his government to end the flow of asylum seekers who pay people smugglers for their crossings, often in overcrowded boats that are not seaworthy.
The Supreme Court ruled against the Rwanda plan - first brought in by then prime minister Boris Johnson in April last year - because there was a risk that deported refugees would have their claims wrongly assessed or returned to their country of origin to face persecution.
The new treaty is expected to be followed later this week by the publication of legislation declaring Rwanda a so-called safe country, designed to stop legal challenges against the planned deportation flights.
However, this is likely to trigger a new round of political and legal wrangling. The first flight was scheduled to go last summer but was cancelled at the last moment because of legal challenges.
Sarah Gogan, an immigration lawyer at Harbottle & Lewis, said Rwanda's human rights record meant the government's "highly contentious" policy would be challenged in the courts and parliament.
"You cannot in a matter of weeks or months reform a country and turn it into one with an impartial judiciary and administrative culture," she said. "The treaty appears to be yet more fairytale politics and completely unworkable."
Yvette Cooper, Labour's home affairs spokeswoman, dismissed the government's latest plans as another "gimmick".
Additional reporting by Muvija M, Kylie MacLellan, Sarah Young and Rishabh Jaiswal; Editing by Bernadette Baum and Angus MacSwan
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New laws designed to slash the number of migrants by 300,000 a year risk splitting up families already living in the UK.
Brits could see their foreign partners told to leave the country the next time their visa comes up for renewal – if their household does not earn £38,700, No 10 said.
Experts, however, warned the planned crackdown was causing distress for many.
Downing Street defended the policy, saying it was right that “if you are bringing someone into the country you are able to support them”.
Under the plans unveiled on Monday those wishing to bring their spouse to the UK will now have to earn £38,700, a significant increase on the current figure of £18,600, and what has been described as a tax on love.
Former Tory minister Gavin Barwell said it was “both morally wrong and unconservative to say that only the wealthiest can fall in love, marry someone and then bring them to the UK”.
As well as applying to those yet to come to the UK, No 10 confirmed the new higher figure risks affecting those already here.
Asked if it would apply to partners when they came to renew their visas, No 10 said the change was “not retrospective, but it would apply to renewals in the future”.
At that point, people would be expected to “meet the visa requirements of the day”.
The prime minister’s official spokesperson added: “People always have a set length of time for their visas and will be aware at the conclusion of that visa time that they don’t have a guarantee that they will obviously remain in the country.”
The income level had not been updated for 10 years, No 10 said.
There are exemptions, but these will be on a case-by-case basis, and it stressed that the amount could be spread across the household.
Madeleine Sumption, the director of the Migration Observatory at the University of Oxford, said the changes would make the UK an outlier among western nations.
“This is definitely completely different to what any other high-income country does,” she said.
Josephine Whitaker-Yilmaz, from migrant rights organisation Praxis, said she was concerned for families who feel “forced to make horrible decisions” due to the changes.
The changes are due to come into effect in spring and will apply when existing visas for foreign spouses come up for renewal.
The prime minister's spokesperson said on Tuesday: “The family immigration rules contain a provision for exceptional circumstances where there would be unjustifiably harsh consequences for the applicant, their partner, a relevant child or another family member if their application were to be refused.”
No examples were given and the spokesperson said applications would be considered on a “case-by-case basis”.
Official figures from April show the median gross annual earnings for full-time employees in the UK was £34,963.
James Cleverly has arrived in Rwanda to sign a new treaty for the government's asylum plan.
It is part of Prime Minister Rishi Sunak's mission to make the deal to send migrants there legally watertight following the Supreme Court's ruling against the scheme.
In the wake of the judgement on 15 November, the government insisted it had been working on contingency measures and promised a treaty with Rwanda within days, along with emergency legislation in parliament.
Mr Cleverly said Rwanda "cares deeply about the rights of refugees" and he looks forward to meeting counterparts and signing the deal.
The home secretary said: "We are clear that Rwanda is a safe country, and we are working at pace to move forward with this partnership to stop the boats and save lives.
"The Supreme Court recognised that changes may be delivered in future to address the conclusions they reached - and that is what we have set out to do together, with this new, internationally recognised treaty agreement.
"Rwanda cares deeply about the rights of refugees, and I look forward to meeting with counterparts to sign this agreement and further discuss how we work together to tackle the global challenge of illegal migration."
There has been speculation Rwanda is pushing to get more money on top of the £140m already committed to the scheme.
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The Sunday Times reported Kigali will be given a £15m top-up payment to agree fresh terms on its agreement with the UK.
Mr Sunak met Rwanda's President Paul Kagame on the sidelines of the COP28 climate talks in Dubai on Friday but declined afterwards to say how much more money he would spend to make the scheme a success.
Downing Street insisted there had been no demand for extra money from Rwanda, with the prime minister's official spokesman saying: "Certainly I don't recognise that figure of £15m, there's been no request for additional funding for the treaty made by Rwanda, or not offered by the UK government."
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4:49
Cleverly announces immigration plan
There had also been reports that British lawyers could be stationed in Rwandan courts in a bid to address concerns by the Supreme Court, which found in its ruling there would be at "real risk" of people being returned home regardless of whether their asylum claims were justified or not, in a breach of international law.
But Rwandan government spokesperson Yolande Makolo said the idea was "completely off the table".
"We have non-removal clauses providing that no relocated individual shall be removed from Rwanda," she said.
It comes after Mr Cleverly laid out his five-point plan to cut immigration, which included banning care workers from bringing their families over to the UK and raising the minimum salary required for a skilled worker visa to £38,700 from next spring.
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Put to him that even with the new measures announced yesterday, the government would still fall short of its target of 229,000, Mr Jenrick said reducing net migration "matters a great deal to me and to the government - and so if we need to do more, we will".
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2:07
New migration measures will have 'profound impact'
Mr Jenrick, who has taken a hardline stance on migration issues, also told Sky News he was confident that flights to Rwanda would take off before the next election, which stands in contrast to colleagues - including the chancellor, who said there was "no guarantee" deportation flights to Rwanda will take off next year.
The latest ConservativeHome survey revealed Mr Sunak’s support among Tory grassroots plunged to -25 per cent, making him the least popular member of the cabinet.
Mr Cleverly also raised the threshold for people living here wanting to sponsor a family member to move to the UK – the person living in the UK must now earn £38,700, up from £18,600 currently.
He also banned overseas social care staff from bringing dependants to the UK and the rule allowing the most-needed professions to be hired at 20 per cent below the going rate would also be scrapped.
But business leaders warned of major staffing crises in hospitality and social care ahead. Labour accused the Tories of “chaotic panic”, while union leaders claimed the PM was “playing roulette with essential services” to placate the right.
The fresh row came as Mr Cleverly announced:
A five-point plan to cut legal migration and a new target of 300,000 fewer migrants a year
Foreign care workers will no longer be able to bring their dependants to the UK
The minimum income for family visas was raised to the new salary threshold of £38,700
The shortage occupation list will be overhauled to end a 20 per cent salary discount
The graduate visa route – letting students stay for two years after their studies – is under review
Mr Cleverly declared “enough is enough” as he promised his plans would deliver “the biggest ever reduction in net migration” after levels soared to a record high of 745,000 in 2022 and sparked Tory outrage. He said the strategy would bring down annual levels by 300,000 in future years.
Mr Cleverly said the Tories would get rid of “cut-price” labour by stopping shortage occupations being able to pay 20 per cent less than the going rate, and restricting the number of jobs which are on the list.
Suella Braverman has led pressure on Rishi Sunak to cut migration numbers
Sacked home secretary Suella Braverman said the measures were “too late and the government can go further”. She called on Mr Sunk to cut the graduate visa route from two years, and bring in an overall “Australia-style” cap on annual net migration.
Mr Sunak and Mr Cleverly did not limit the total number of NHS and social care visas – a move immigration minister Robert Jenrick is believed to have been pushing for. Two sources said Ms Braverman and Mr Jenrick had also pushed for the salary threshold to go even higher – to £45,000.
Senior Tory John Hayes, Ms Braverman’s closest ally, told The Independent that “nothing matters more” than the immigration crackdown – both legal and illegal – if the party has any chance of winning next year’s general election.
Mr Hayes, leader of the Common Sense Group, said the new moves were “long overdue but incredibly welcome”, although he warned that Mr Sunak he would have to go further.
Mr Hayes is demanding that the Tory leader opt out of the European Convention on Human Rights (ECHR) in its emergency Rwanda legislation. “We need severe measures. We need to be really tough,” he said.
Leading right-winger Simon Clarke, a former cabinet minister, claimed Tory voters had expressed a “desperation for bold action to deliver a fix”. The ex-minister said voters “will return if we deliver on illegal immigration”.
Sir Jacob Rees-Mogg challenged Mr Cleverly in the Commons to consider Ms Braverman’s idea of an “Australia-style” overall cap on net migration numbers. But the new home secretary said a cap would be “difficult” to manage.
Record-high migration has reopened the huge divides in the Tory party. Mr Jenrick said last week that he wanted to bring in his own plan “before last Christmas”, and suggested he was keen to consider an overall cap on net migration.
Immigration minister Robert Jenrick has pushed for a five-point plan to cut net migration
However, senior Tory Damian Green warned Mr Sunak and Mr Cleverly about the “huge shortage in the care sector”, warning that the ban on dependants could cause major problems.
The One Nation group leader said: “I would hope that this isn’t a significant contributor to the reduction in numbers, because if it is, it will cause damage to the care sector.” But Mr Cleverly denied that it would lead to a staff shortage.
Tory health committee chair Steve Brine has also warned against clamping down on care workers, arguing that they are “the people who look after your ailing parents and grandparents”.
Unison general secretary Christina McAnea accused Mr Sunak of “playing roulette with essential services just to placate its backbenchers and the far right”. She warned that some foreign workers already here will now leave.
“What do you think’s going to happen?” she told the BBC World at One programme. “To those who are already here, who do have dependents when they come to renew their visa, presumably they will be told you have to send your children back again.”
Prof Martin Green, chief executive of Care England, said immigration was “saving the social care sector” from collapse – arguing that 70,000 overseas workers were needed in the past year to fill gaps.
The Royal College of Nursing (RCN) said Mr Sunak “appears comfortable with tearing apart families to score political points”. And Miriam Deakin, director of policy at NHS Providers, said measures that deter foreign recruits were “deeply concerning”.
Rishi Sunak has vowed to crack down on both legal and illegal migration
UKHospitality chief Kate Nicholls warned of a major staffing crisis in pubs, bars and restaurants – arguing the changes “will further shrink the talent pool” and “worsen the shortages hospitality businesses are facing”.
The industry leader warned that 95 per cent of the 8,500 hospitality visas issued last year would no longer be eligible under these plans.
Dr Madeleine Sumption, director of the Migration Observatory, said the move to raise the family visa income threshold to £38,700 would restrict some people “very significantly”.
She said the largest impact “will fall on lower-income citizens, and particularly women and younger people”. Reunite Familes UK, which helps migrants bring loved ones to Britain, said they were “beyond devastated” at the change.
It comes as a new JL Partners survey found that just 59 per cent of people who voted for the Tories in 2019 plan to vote Conservative at the next general election, down from 63 per cent following Ms Truss’s disastrous mini-Budget. It also revealed that one in six 2019 Tory voters have switched to Reform UK.
Separately, a BMG Research survey shows that Reform UK is now third on 11 per cent – its best performance in any poll by the firm. Pollster James Johnson said there was “only one option for the Conservatives now: go big on immigration or go home”.
Labour’s shadow home secretary Yvette Cooper said Mr Sunak’s “chaotic panic” plan was “an admission of years of total failure by this Conservative government”.
Alistair Carmichael, the Lib Democrats’ home affairs spokesperson, said polling showed that confidence in Mr Sunak’s approach to immigration was “at an all-time low – yet they seem determined to keep pushing their damaging, divisive policies”.
The major overhaul comes as Mr Cleverly is in Rwanda to sign an updated agreement. But senior civil servants at the Home Office are said to have warned No 10 that its Rwanda legislation is destined to fail.
James Cleverly is set to visit Rwanda this week to sign an updated treaty
Government lawyers are reportedly refusing to sanction the most draconian version of the legislation that would opt out of the ECHR by using a “notwithstanding” clause to direct UK judges to ignore it.
Leading Tory moderate Sir Robert Buckland warned that opting out of the ECHR would be “foolish and rash” and would endanger the Good Friday Agreement. The new chair of the Northern Ireland affairs committee told the BBC it would be “a very un-Conservative step”.
But senior Tory Mark Francois warned Mr Sunak that it could be “three strikes and you’re out” – urging the PM to to ignore the ECHR in the emergency Rwanda legislation.
The chair of the European Research Group (ERG) told GB News: “Rishi promised to stop the boats but ... he hasn’t has he? … We’ve had two goes before. Now it’s three strikes and you’re out”.
More than 50 flood warnings are in place across England as snow gave way to heavy rain.
Fifty-eight warnings, meaning flooding is expected, are in force, mainly across Dorset, Somerset and the Midlands.
The flooding has affected rail services already hit by industrial action by train drivers.
A total of 175 flood alerts, where flooding is considered possible, have also been issued.
CrossCountry Trains said heavy flooding was blocking lines between Edinburgh Waverley and Newcastle, with the strike action adding to disruption.
Members of the train drivers' union, Aslef, at C2C and Greater Anglia have walked out as part of a series of rolling strikes affecting different companies on different days until 8 December. There is also an overtime ban lasting until 9 December.
Rail users in the South West were also warned flooding would affect services.
Great Western Railway said flooding had caused significant disruption on Monday and advised people not to travel between Bristol and Exeter or any trip between London Paddington and Devon or Cornwall.
Lines between Bristol Parkway and Swindon, and Westbury and Taunton are blocked by flooding, and trains are running on a diversionary route.
The company said: "We are expecting disruption between London Paddington and Somerset, Devon and Cornwall into Tuesday morning as floods subside."
Passengers on long-distance services were advised to avoid travelling by train if possible.
PA Media
Flood warnings are in place along many rivers, including the Frome in Somerset, Avon and Axe, River Brit in West Dorset, and River Blythe in Warwickshire.
The Met Office said rain would ease across England and Wales throughout Tuesday, but another cold day would see wintry showers in the North and North West.
Cloud will remain overnight in the South and South East with frost and some freezing fog forming by dawn.
Met Office spokesman Grahame Madge said the risk of snow was lessening and would "more or less be confined to Scottish mountains" by the end of the week.
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