Written question asked by Lord King of West Bromwich (Labour), in the House of Lords. It was answered by Lord West of Spithead (Labour) on Thursday, 7 May 2009.

Immigration: Marriage

Question: To ask Her Majesty's Government further to the Written Answer by Lord West of Spithead on 20 April (WA 377), how many marriages subsequently failed during the probationary period; how many of those married couples had children born in the United Kingdom; and how many spouses were sent back to their country of origin after the failure of their marriages in each category.

Answer: To answer would require the examination of individual cases and would therefore incur disproportionate cost. Paragraph 287 of the Immigration Rules (HC 395) requires that an applicant for indefinite leave to remain by the spouse of a person present and settled in the UK is still the spouse of the person he or she was admitted or granted an extension of stay to join, that the marriage is subsisting, and that each of the parties intends to live permanently with the other as his or her spouse. Paragraph 289A of the Immigration Rules relates to victims of domestic violence, and states that a spouse who was previously granted a probationary period and who is able to produce such evidence as may be required by the Secretary of State to establish that the relationship was caused to break down permanently before the end of that period as a result of domestic violence may, subject to meeting the other requirements of the rule, be granted indefinite leave to remain.

Secondary information