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FM FCO 1216002 JUL 85
IMMEDIATE ABIDJAN
TERRITORIES TELEGRAM NUMBER GUIDANCE 98 OF 12 JULY
EUROPEAN COURT OF HUMAN RIGHTS: CHANGES TO THE IMMIGRATION RULES
INTRODUCTION
1. IN ORDER TO COMPLY WITH THE JUDGEMENT OF THE EUROPEAN
COURT OF HUMAN RIGHTS THAT SEX DISCRIMINATION IN THE IMMIGRATION
RULES AMOUNTED TO A VIOLATION OF THE EUROPEAN CONVENTION,
IT
WILL BE NECESSARY TO BRING THE PROVISIONS FOR THE ADMISSION OF
HUSBANDS AND WIVES FOR SETTLEMENT INTO LINE. AMENDMENTS TO THE
RULES WILL BE LAID BEFORE PARLIAMENT ON 15 JULY: THEY WILL TAKE
EFFECT FROM 26 AUGUST: DETAILS OF THESE AMENDMENTS AND
TRANSITIONAL PROVISIONS HAVE BEEN GIVEN IN INSTRUCTION TELEGRAMS.
HMG PROPOSE TO ALLOW HUSBANDS TO JOIN WOMEN WHO,
2.
THOUGH NOT BRITISH CITIZENS, HAVE ACQUIRED THE RIGHT OF
PERMANENT RESIDENCE HERE, AND TO APPLY THE MARRIAGE TESTS TO
WIVES SEEKING ADMISSION FOR SETTLEMENT (OTHER THAN THOSE COVERED
BY SECTION 1(5) OF THE IMMIGRATION ACT 1971), WHICH AT PRESENT
APPLY ONLY TO HUSBANDS.
3. A VERY IMPORTANT ASPECT OF THE CHANGES WILL BE TO REINFORCE
THE NEED FOR SPOUSES TO OBTAIN PRIOR ENTRY CLEARANCE (FIANCEES WILL
ALSO NOW NEED PRIOR ENTRY CLEARANCE).
4. THE PROVISIONS OF THE EXISTING RULES RELATING TO MAINTENANCE
AND ACCOMMODATION WILL BE CLARIFIED AND STRENGTHENED AND THE
ENTRY CLEARANCE OFFICER WILL NEED TO BE SATISFIED THAT ADEQUATE
ACCOMMODATION WILL BE AVAILABLE FOR THE PARTNERS TO A MARRIAGE,
AND FOR ANY CHILDREN, AND THAT THEY WILL BE ABLE TO MAINTAIN
THEMSELVES WITHOUT RECOURSE TO PUBLIC FUNDS.
LINE TO TAKE
5.
THE CHANGES WILL ENABLE US TO COMPLY WITH THE JUDGEMENT.
IN SO DOING IT WILL ALSO PRESERVE THE FIRM AND FAIR IMMIGRATION
CONTROL TO WHICH HMG REMAIN FULLY COMMITTED. YOU
SHOULD GIVE AS WIDE PUBLICITY AS PRACTICABLE TO THE FACT THAT ALL
FIANCES/FIANCEES AND SPOUSES WILL IN FUTURE NEED PRIOR ENTRY
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