Skip to main content

Indefinite Leave to Remain

Volume 590: debated on Monday 5 January 2015

9. What assistance her Department offers to people without five years’ residency applying for indefinite leave to remain, who have been delayed in entering the country on a spouse visa because they are waiting for a determination on a British passport application for a child born outside the UK due to delays in obtaining the initial spouse visa. (906751)

In considering immigration applications, UK Visas and Immigration will not generally take into account the time taken to establish the British citizenship of a child of the applicant. That is because the child’s status will affect the immigration requirements on the applicant, such as the minimum income threshold to be met by foreign spouses, which should be dealt with before an application is made.

Is the Minister aware of the impact on family life of these long delays? Such are the delays that by the time the spouse’s visa is granted, there may be one or two children, and then the mother will often have to make a decision about whether to stay abroad and be delayed there by starting the probationary period or to come to this country and leave the children abroad.

I am obviously happy to look at any individual cases that my hon. Friend may wish to highlight and I can examine further. A British passport is not issued to a child born overseas until the Passport Office is satisfied that all the relevant identity, nationality and child protection issues have been identified. I am sure that my hon. Friend would support that.