From http://www.londonelegance.com/transpond ... ay-1.shtmlDebate at the House of Commons on HC321
At the end of the debate, the Minister for Borders and Immigration, Liam Byrne, made this comment...
First, we will not automatically refuse applications from people applying to join their family permanently in the UK-that is to say, those applying for visas as a spouse, civil partner or unmarried or same-sex partner under paragraphs 281 or 295A of the immigration rules; a fiancée or proposed civil partner, as set out in paragraph 290 of the rules; a parent, grandparent or other dependent relative, as set out in paragraph 317; a person exercising rights of access to a child, as set out in paragraph 246; or a spouse, civil partner or unmarried or same-sex partner of a refugee or person with humanitarian protection, as set out in paragraphs 352A, 352AA, 352FA and 352FD. Following some of the comments made by hon. Members this evening, I will of course check to see whether we have cast the scope of those exceptions correctly, but my initial analysis is that that is where the discretion should apply.
Secondly, we will not automatically refuse anyone who is under the age of 18 at the time of the breach of the immigration rules. My hon. Friend the Member for Islington, North spoke powerfully on this subject, as did the hon. Member for North Southwark and Bermondsey. That case has been well made.
The clarification that I want to make underlines comments that I have made to the Committee of my hon. Friend the Member for Hendon (Mr. Dismore) in the past that there should be a carve-out for victims of trafficking. We will put that into effect when we have ratified the Council of Europe's convention on trafficking.
"As to the caveats, this does not mean that people who need to go home and reapply will automatically get in; they will still need to meet the requirements set out in the immigration rules and they may be refused if they have contrived in a significant way to frustrate those rules. Nor is it or can it be a green light for the groups I have mentioned to deliberately overstay. We need to bring forward fresh proposals to ensure that there are consequences for these actions.
Suggestions have been made to me. Obviously, the need to go home and apply for entry clearances is one sanction, and other opportunities are presented in our Green Paper "The Path to Citizenship". For example, we may, because we could, make those who have breached immigration rules wait slightly longer before they become citizens, but I do not want to go into detail on that proposal this evening. I simply want to flag it up for the House's attention in order to illustrate the wider point: we must have sanctions for those who overstay."
Could this mean they are working on a resolution for overstayers toregularise their status?
