§ Lord Campbell of Alloway
asked Her Majesty's Government:
Whether they have decided on changes to the immigration rules to comply with the recent judgment of the European Court of Human Rights.
§ The Parliamentary Under-Secretary of State, Home Office (Lord Glenarthur)
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 available for the partners to a 309WA 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 fiancées will be made to bring the provisions for the admission of fiancés and fiancées into line with each other.
My right honourable friend the Home Secretary is 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. We intend to lay before Parliament on 15th July a statement of the necessary changes to the immigration rules to give effect to these decisions.