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Immigration

Volume 973: debated on Tuesday 13 November 1979

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asked the Secretary of State for the Home Department by what date he expects to introduce a register and a quota system for potential immigrants.

Both these matters require legislation to be effective and we have decided to give priority to changes in the immigration rules.

asked the Secretary of State for the Home Department if he will give the figure, actual or estimated, of the number of British women not born in the United Kingdom who currently have the right to settle in the United Kingdom.

asked the Secretary of State for the Home Department if he will list the different ways in which a citizen of Pakistan or the New Commonwealth may come to settle in the United Kingdom as a legal immigrant; what are the means most frequently used by illegal immigrants; and what measures are being taken to control them.

Citizens of Pakistan or the New Commonwealth may settle in the United Kingdom if they qualify to do so under the statements of immigration rules HC 79, 80, 81 and 82, as amended. The rules provide for the settlement of the wives and children under 18 of men settled here; the unmarried and dependent children over 18 forming part of the family unit if the whole family are settled or being admitted for settlement; parents and grandparents over 65 wholly or mainly dependent on children settled in the United Kingdom who can support and accommodate them; distressed relatives in certain closely defined circumstances; men or women marrying partners settled here where the marriage is not one of convenience as defined in the rules; returning residents; and people who have been in the United Kingdom for four years in approved employment or as a businessman or a self-employed person or as a person of independent means.Entry is illegal when it is made either by avoiding the immigration control altogether, or by deceiving the immigration officer on arrival as to identity or entitlement to admission. It is not possible to say which means is the most frequently used. All reasonable and practicable measures are taken to prevent illegal entry. The immigration service is vigilant in the detection of those attempting to enter by deception, and keeps in touch with its counterparts overseas. It also works closely with the police in the detection of those who have managed to enter illegally. Information about those detected is published in the control of immigration statistics published quarterly and annually by the Home Office.

asked the Secretary of State for the Home Department what is the difference in immigration rights between citizens of Pakistan and citizens of New Commonwealth countries.

The main differences are as follows.Section 1(5) of the Immigration Act 1971 has the effect of protecting Commonwealth citizens settled in the United Kingdom at the coming into force of the Act and their wives and children against adverse changes in the rules.Section 7(1) of the same Act confers immunity from deportation on Commonwealth citizens ordinarily resident here on 1 January 1973 who subsequently completed five years ordinary residence before a decision to deport them was taken.Citizens of Pakistan are not covered by these provisions unless they also hold the citzenship of a Commonwealth country. But Pakistani overstayers who have not committed criminal offences have by an adminstrative concession normally been treated in the same way as Commonwealth citizens under section 7(1). Citizens of Pakistan are, however, unlike Commonwealth citizens settled here on 1 January 1973, required to be able and willing to support and accommodate their wives and children without recourse to public funds.Section 2(1)(

d) of the Immigration Act confers the right of abode on Commonwealth citizens born to or legally adopted by a parent who at the time of the birth or adoption had citizenship of the United Kingdom and Colonies by birth. Section 2(2) also provides that women Commonwealth citizens are to have the right of abode if they marry a patrial. Citizens of Pakistan holding no other citizenship would not be patrial under these provisions, although women marrying patrial citizens of the United Kingdom and Colonies could acquire patriality by registering as citizens of the United Kingdom and Colonies themselves.

asked the Secretary of State for the Home Department (1) how many immigrant marriages vetted over the past 12 months were found to be intact;(2) what is the number of immigrant marriages vetted over the past 12 months.

8,734 men were granted settlement on removal of time limit by reason of marriage in the 12 months ended June 1979, but inquiries into the subsistence of the marriage would have been made only where there was reason to suspect that it might be one of convenience. Information on the number of cases in which inquiries were instituted or in which, as a result of those inquiries, the marriage was judged to be still intact could be obtained only at disproportionate cost.

asked the Secretary of State for the Home Department how many immigrant fiancés or husbands have been sent home in the past 12 months.

At least 356 applications to settle on the basis of marriage to a woman settled in the United Kingdom were refused in the two years ended 31 March 1979 but some refusals may not have been recorded. Information on the number of cases in which the man returned to his own country, whether voluntarily or otherwise, is not readily available and could be obtained only at disproportionate cost.

asked the Secretary of State for the Home Department (1) for each year since 1974, how many persons who were permitted to enter the United Kingdom from (a) India and Pakistan, (b) other New Commonwealth countries, (c) old Commonwealth countries, (d) EEC countries and (e) other countries as fiancés of women settled in the United Kingdom, had their permission to stay varied or withdrawn as a result of their failure subsequently to comply with their conditions of entry as to marriage;(2) for each year since 1974, how many persons who were permitted to enter the United Kingdom from (a) India and Pakistan, (b) other New Commonwealth countries, (c) old Commonwealth countries, (d) EEC countries and (e) other countries as husbands of women settled in the United Kingdom, had their permission to stay varied or withdrawn as a result of their failure to comply with their conditions of entry as to the married status.

The only readily available information is that at least 356 applications to settle on the basis of marriage to a woman settled in the United Kingdom were refused in the two years ended 31 March 1979, but some refusals may not have been recorded. Of those recorded, the breakdown requested by the hon. Member is as follows:

India and Pakistan115
New Commonwealth excluding India54
Old Commonwealth0
EEC countries0
Other countries187
The other information requested by the hon. Member could be obtained only at disproportionate cost.