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Immigration Rules

Volume 405: debated on Thursday 15 May 2003

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To ask the Secretary of State for the Home Department whether, following the recent changes made to paragraph 284 of the Immigration Rules, he will take steps to make it clear that the holder of a fiancé(e) visa of six months' duration can apply for their spouse visa in the UK. [113293]

It was never intended that the "no switching" provision—prohibiting those given leave to enter for six months or less from switching into marriage—would include those given leave to enter as fiancés. This will be made absolutely clear in the next rules change.

To ask the Secretary of State for the Home Department when, following the recent changes made to paragraph 287 of the Immigration Rules, the current holder of a 12 month duration spouse visa issued in March or earlier can apply for their Indefinite Leave to Remain visa; and whether such a person may apply for indefinite leave to remain near the end of their current 12 month visa. [113294]

The recent increase in the probationary period on marriage to two years will not affect applications to remain on the basis of marriage made before 1 April. The probationary period in these cases will remain one year and applications for settlement can be made no more than one month in advance of the end of the probationary period.