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Immigration

Volume 82: debated on Wednesday 10 July 1985

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asked the Secretary of State for the Home Department whether he has decided on changes to the immigration rules to comply with the recent judgment of the European Court of Human Rights.

Yes. In order to comply with the judgment it will be necessary to change the immigration rules so that the provisions for the admission of husbands and wives for settlement are brought into line with each other. The Government therefore propose to allow husbands to join women who, though not British citizens, have permanent residence here, and to apply to wives seeking admission for settlement (other than wives to whom the provisions of section 1(5) of the Immigration Act 1971 apply) the requirements, including the requirement to satisfy the entry clearance officer that the marriage was not entered into primarily for immigration purposes, which at present apply only to husbands. The opportunity will be taken to clarify and strengthen the provisions of the existing rules relating to maintenance and accommodation and the entry clearance officer will need to be satisfied that adequate accommodation will be

Table 1
Husbands and fiances in the Indian subcontinent applying for entry clearance for leave to enter the United Kingdom under the 1983 immigration rules
Number of persons
HusbandsFiances
19841984
1st quarter2nd quarter3rd quarter4th quarterYear1st quarter2nd quarter3rd quarter4th quarterYear
Bombay
Applications decided9070100603001309011070400
of which, applications granted*6040705022080507050250
applications refused†203020109060304020150
New Delhi (including Calcutta)
Applications decided5040404016014012010080440
of which, applications granted*202020207030203030100
applications refused†30202020901101107050340
India
Applications decided130110130100460270210210140830
of which, applications granted*806080702801007010080350
applications refused†5050403018017014011070480
Pakistan
Applications decided70807070290200210200200820
of which, applications granted*50605050210120130110100460
applications refused†1020202080808090100360
Bangladesh
Applications decided103040+++
of which, applications granted*102020+-+
applications refused†102020+++

available for the partners to a marriage, and for any children, and that they will be able to maintain themselves without recourse to public funds.

Similar changes, including the introduction of an entry certificate requirement for fiancees, will be made to bring the provisions for the admission of fiances and fiancees into line with each other.

I am satisfied that these changes, taken together, will enable us to comply with the judgment in a way that preserves the firm and fair immigration control to which the Government remain fully committed. I intend to lay before Parliament on 15 July a statement of the necessary changes to the immigration rules to give effect to these decisions.

asked the Secretary of State for the Home Department how many applications from (a) husbands and (b) fiances have been (i) decided, (ii) granted and (iii) refused in the Indian subcontinent in each quarter of 1984; how many such applications in each category and for each quarter were refused; (1) wholly and (2) partly because of the primary purpose rules; what was the refusal rate in each instance and what percentage of these refusals was (x) wholly and (y) partly on primary purpose grounds; and if he will publish this information for each post.

[pursuant to his reply, 25 June 1985, c. 344–45]: The information requested is given in the tables. Where the numbers are small, the figures far individual posts and individual quarters have been combined. Information for the whole of the Indian subcontinent on husbands and fiances granted or refused entry clearance is given in table 9 of the quarterly Home Office statistical bulletin "Control of Immigration: Statistics—First Quarter 1985" (Issue 16/85).

* Including applications granted on appeal.

† Some of these are subsequently granted on appeal.

‡ Rounded to the nearest 10; '-' indicates nil and '+' five or fewer; components may not add to the total because they have been rounded independently.

Table 2. Husbands and fiances in the Indian sub-continent refused entry clearance for leave to enter the United Kingdom under the 1983 immigration rules

*

Numberof persons or percentage

Bombay

New Delhi (including Calcutta)

Husbands

Fiances

Husbands

Fiances

1984

1984

1984

1984

1st half

2nd half

Year

1st half

2nd half

Year

1st half

2nd half

Year

1st half

2nd half

Year

Number refused because primary purpose of the marriage was to obtain admission to United Kingdom

Solely for this reason3020606040110404080170100270
Partly for this reason+++10+20+++301040

Primary purpose refusals as a percentage of all decisions

Solely on primary purpose grounds231619282527514849665862
Partly on primary purpose grounds21152443311810

Primary purpose refusals as a percentage of all refusals

Solely on primary purpose grounds676867687772869289808682
Partly on primary purpose grounds63512710656141213

India

Pakistan

Husbands

Fiances

Husbands

Fiances

1984

1984

1984

1984

1st half

2nd half

Year

1st half

2nd half

Year

1st half

2nd half

Year

1st half

2nd half

Year

Number refused because primary purpose of the marriage was to obtain admission to United Kingdom

Solely for this reason8060140230150380304070120160280
Partly for this reason10+10402060++101020

Primary purpose refusals as a percentage of all decisions

Solely on primary purpose grounds332630494146212624303935
Partly on primary purpose grounds3129571+233

Primary purpose refusals as a percentage of all refusals

Solely on primary purpose grounds768078768379869290768379
Partly on primary purpose grounds64513101231676

Bangladesh

Total Indian sub-continent

Husbands

Fiances

Husbands

Fiances

1984

1984

1984

1984

1st half

2nd half

Year

1st half

2nd half

Year

1st half

2nd half

Year

1st half

2nd half

Year

Number refused because primary purpose of the marriage was to obtain admission to United Kingdom

Solely for this reason101020+++120110220360310660
Partly for this reason10+10503080

Bangladesh

Total Indian sub-continent

Husbands

Fiances

Husbands

Fiances

1984

1984

1984

1984

1st half

2nd half

Year

1st half

2nd half

Year

1st half

2nd half

Year

1st half

2nd half

Year

Primary purpose refusals as a percentage of all decisions

Solely on primary purpose grounds50†3942292728404040
Partly on primary purpose grounds211645

Primary purpose refusals as a percentage of all refusals

Solely on primary purpose grounds100†8086808582768379
Partly on primary purpose grounds52411810

* Some applications refused are subsequently granted on appeal

† Refusal rate based on fewer than 15 applications
‡ Rounded to the nearest 10; — indicates nil and + five or fewer
≑ not given because refusal rate for five or fewer applications or less than ½ per cent.