SPOUSE VISAS

Early day motion 695, tabled 15 January 2008 by David Howarth (Liberal Democrat). Signed by 50 members.

That this House condemns the Home Office ruling that a foreign national with a genuine and subsisting marriage to a British national who needs to regularise their stay in the United Kingdom must either return to their country of origin, accompanied by their British spouse and British young children, to apply for a United Kingdom spouse visa, which often entails a visit to a hostile environment which presents an unacceptable risk, or must travel alone and face an indefinite separation resulting in a stressful disruption to family life and support; welcomes the ruling of the Court of Appeal in AB (Jamaica) v Secretary of State for the Home Department that a spouse who had married an overseas overstayer was entitled to have his right to a family life to be taken into account, although he was not a formal party to the proceedings seeking the removal of the overstayer; and calls for the Home Office to exercise the granting of discretionary leave to remain in the United Kingdom even when the requirements of the Rules are not met but where there are genuine reasons under Article 8 of the European Convention on Human Rights, relating to the right to respect for parents and family life, which make removal inappropriate.

Signatures by party: Liberal Democrat 26, Labour 16, Plaid Cymru 3, Social Democratic and Labour Party 2, Conservative 1, Independent 1, Respect 1.