Immigration: Criminal Records

Home Department written question – answered on 11th November 2008.

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Photo of James Clappison James Clappison Shadow Spokesperson (Work and Pensions)

To ask the Secretary of State for the Home Department how many non-UK nationals with exceptional leave to remain were (a) granted and (b) refused the right of settlement in the UK in each year since 1997; and in how many cases a refusal was on the grounds of a criminal conviction in the UK.

Photo of Phil Woolas Phil Woolas Minister of State (also in the Home Office), Home Office, Minister of State (also in the Home Office), HM Treasury

holding answer 4 November 2008

Grants of settlement 1997-2007 to persons previously granted exceptional leave to remain in the United Kingdom are published in Table 5.3 of the Home Office Statistical Bulletin "Control of Immigration Statistics United Kingdom 2007".

This publication is available in the Library of the House and from the Home Office Research, Development and Statistics website at:

http://www.homeoffice.gov.uk/rds/pdfs08/hosb1008.pdf

The Home Office does not collate statistics on the number of people with exceptional leave to remain who have been refused settlement in the UK and whether the reason for refusal was on the grounds of having a criminal conviction in the UK. The information requested could be obtained only at disproportionate cost by undertaking a search of case files of all individuals with exceptional leave to remain who have applied for settlement in the UK since 1997.

Table 5.3 Grants of settlement by category of grant, excluding EEA and Swiss nationals( 1, 2) , 1997-2007, United Kingdom
Number of persons
Category of grant 1997( 3) 1998( 3) 1999 2000 2001 2002 2003 2004( 4) 2005 2006R 2007( 5) , P
Grants in own right or on a discretionary basis (excluding spouses and dependants)
On completion of four/five years(6):
in employment with a work permit 2,845 3,155 3,285 4,455 4,335 5,845 9,190 16,205 25,470 11,270 15,165
in permit free employment(7) 705 855 700 1,415 890 980 1,325 1,325 1,625 670 790
as business or self employed, or as persons of independent means 265 200 130 260 160 115 230 220 320 2,595 75
Commonwealth citizens with a United Kingdom-born grandparent, taking or seeking employment 1,110 1,675 2,240 2,580 3,255 4,060 5,275 4,755 4,795 1,900 1,675
British overseas citizens with special vouchers 220 170 220 160 140 60 * 5 * *
Refugees and persons given exceptional leave to remain: 4,830 6,675 22,505 25,355 17,965 18,235 12,185 19,025 33,850 19,075 10,250
Of which:
recognised refugees(8) 2,405 4,270 (15)22,505 (15)25,355 (15)17,965 10,955 4,875 1,695 1,230 40 30
persons given exceptional leave to remain 2,425 2,405 (15) (15) (15) 7,280 7,310 8,545 21,840 14,555 8,850
granted under the Family ILR exercise(9) 8,785 10,780 3,975 215
other asylum-related grants 500 1,155
Other grants on a discretionary basis(10) 2,160 3,700 2,580 6,150 4,190 6,730 10,860 4,075 4,050 6,155 8,785
Total granted in own right or on a discretionary basis(11) 12,145 16,435 31,665 40,380 30,935 36,020 39,065 45,615 70,105 41,670 36,745
Spouses and dependants
Husbands:
settled on arrival 15 10 15 25 55 45 85 785 560 445 325
settled on removal of time limit 11,240 13,620 15,370 15,730 17,780 16,640 19,210 11,860 15,195 18,105 17,750
Of which:
on basis of marriage(12) 10,700 13,010 14,565 14,460 16,850 15,470 17,275 7,985 8,540 15,185 13,495
at same time as wife 540 610 805 1,270 930 1,170 1,935 3,875 6,660 2,915 4,250
Total husbands 11,260 13,635 15,385 15,755 17,835 16,685 19,295 12,645 15,760 18,550 18,070
Wives:
settled on arrival 150 125 150 165 240 190 275 2,450 2,080 1,300 795
settled on removal of time limit 20,250 22,165 24,800 30,750 30,745 30,535 37,480 22,780 28,130 33,170 28,330
of which:
on basis of marriage(12) 16,160 18,390 19,945 24,100 26,590 24,930 30,560 12,520 15,205 26,365 22,405
at same time as husband 4,090 3,775 4,855 6,655 4,155 5,605 6,920 10,260 12,925 6,805 5,925
Total wives 20,400 22,290 24,950 30,920 30,985 30,725 37,750 25,230 30,210 34,470 29,125
Children:
settled on arrival 1,535 1,430 1,710 1,520 1,730 1,505 1,590 7,485 5,385 5,105 4,390
settled on removal of time limit: 9,985 10,850 17,725 27,485 18,400 19,725 25,800 33,330 40,060 20,560 25,830
Of which:
with parent accepted on basis of marriage 1,395 1,615 2,005 3,580 3,830 3,420 4,560 1,925 2,125 3,315 2,990
other 8,590 9,235 15,720 23,900 14,570 16,305 21,245 31,405 37,935 17,245 22,840
Total children 11,520 12,280 19,435 29,005 20,130 21,235 27,395 40,815 45,445 25,665 30,220
Parents and grandparents joining children or grandchildren:
settled on arrival 295 285 265 265 295 215 90 100 260 405 355
settled on removal of time limit: 885 1,050 815 2,175 1,465 1,530 3,020 1,885 1,185 1,060 645
Other and unspecified dependants(13) 1,870 3,510 4,380 7,150 6,600 6,940 6,360 8,405 11,520 8,050 5,785
Total spouses and dependants 46,230 53,045 66,225 85,265 77,305 77,335 93,910 89,080 104,380 88,205 84,200
Claim to right of abode upheld and other grants 350 310 230 295 170 120 130 75 70 135 25
Category unknown(14) 2,490 6,175 4,440 4,565 4,440 3,880
Total 58,725 69,790 97,115 125,945 108,410 115,965 139,280 139,210 179,120 134,445 124,855
(1) Swiss nationals are excluded from 1 June 2002—see Explanatory Notes and Definitions, paragraph 10. (2) Data from 2003 also exclude dependants of EEA and Swiss nationals in confirmed relationships granted permanent residence—see Explanatory Notes and Definitions, paragraph 12. (3) Includes a small number of EEA nationals. (4) Includes nationals of Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia before 1 May 2004, but excludes them from this date. (5) Excludes Bulgaria and Romania. (6) In 2006, the qualifying period for settlement in all employment-related categories changed from four to five years. See Changes Affecting Statistics of Immigration Control, paragraph 2 (xv). (7) Includes ministers of religion, writers and artists. (8 )Includes persons granted settlement under measures aimed at reducing the pre-July backlog as announced in the White Paper in July 1998. (9) Included In "other asylum-related grants" from April 2007. (10) Data for 2007 include persons granted indefinite leave outside the immigration rules under measures aimed at clearing the backlog of outstanding unresolved cases. See Changes Affecting Statistics of Immigration Control, paragraph 2 (xvl). (11) Includes Commonwealth citizens ordinarily resident on 1 January 1973 and for five years. (12) Includes civil and unmarried partners. (13) Data from 27 July 1998 to 2002 include husbands, wives and children of port asylum seekers given indefinite leave to enter. (14) See Explanatory Notes and Definitions, paragraphs 3 and 4. (15) Indicates brace.

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Annotations

neil Regan
Posted on 12 Nov 2008 12:15 pm (Report this annotation)

When you talk about Cyprus do you mean the whole island, just the Greek South or the Turkish North?

Paul Peros
Posted on 12 Nov 2008 1:06 pm (Report this annotation)

The term usually refers to the Greek south although it depends on context and could refer to the whole island. If this were significant I suspect this would be made clear.

I am not sure why this question is relevant to the Minister of State's answer.

Paul Peros
Posted on 12 Nov 2008 1:08 pm (Report this annotation)

PS: I think it extremely unlikely that the UK or any other EU government or almost any other government would use "Cyprus" to refer solely to the Turkish-held north.

Lastly, the list in the Minister's note relates to the 2004 entrants to the European Union, so it seems most likely to refer to the Greek-administered portion of the island.