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Written question asked by Caroline Lucas (Green Party) on Thursday, 21 April 2011, in the House of Commons. It was due for an answer on Wednesday, 27 April 2011. It was answered by Damian Green (Conservative) on Tuesday, 3 May 2011 on behalf of the Home Office.

Domestic Violence

Question
To ask the Secretary of State for the Home Department pursuant to the Statement of Changes in Immigration Rules, HC 908, whether the prohibition on making an application under the domestic violence rule unless one has no unspent convictions applies to a person who has received (a) an absolute discharge and (b) a caution with conditions until such time as the conditions end; and if she will make a statement.
Answer

As a result of the changes to the Immigration Rules introduced on 6 April 2011, individuals applying for indefinite leave to enter or remain in the UK must be free of unspent convictions in order to make a successful application. Settlement is a privilege to be awarded only to those who abide by the laws of this country.An absolute discharge has a rehabilitation period of six months. A conditional caution has a rehabilitation period of three months. If an individual applied for indefinite leave under the domestic violence rule before such a conviction had become spent their application would not be successful. In cases where there is a need to protect a victim of domestic violence, there would be no question of requiring them to leave the UK or remain in an abusive relationship because of a minor conviction and the UK Border Agency will continue to look at cases sympathetically outside the Immigration Rules where appropriate.

Secondary information

Type
Written question
Reference
53185; 527 c650W
Session
2010-12
Related items
Subjects
Domestic abuse Migrants
Link
View this Written question on www.publications.parliament.uk