THE right to have a family life shouldn't depend on how much you earn.

But immigration rules introduced by the UK Government two years ago mean that some families are being torn apart because they do not have a high enough income. Under the toughened criteria, any British citizen who wants to bring a husband, wife or partner from outside the EU to join them in the UK must earn at least £18,600 - around £5000 more than the minimum wage.

With average wages fluctuating significantly across the UK, this means there is a "postcode lottery", with an employee in the south of England far more likely to meet the requirement than a worker in Scotland. Those who are on the minimum wage are excluded, as is anyone who, for example, might have chosen to stay at home to care for their ­children. The gender pay gap means that women too are less likely to be earning the necessary income.

The argument from Westminster is that it needs to reduce immigration and prevent people establishing lives here at "taxpayers' expense". Yet the rules already mean the foreign-born spouse cannot claim most benefits for at least five years. It is a vastly different reality from the continual myth that ­immigrants only come to live off benefits.

The stance taken by SNP MEP Alyn Smith in questioning if the policy is compatible with the European Convention on Human Rights is to be welcomed. Being able to enjoy a family life should not depend on your wealth and policies on immigration should not be based on the divisive agenda led by Ukip.