Home Department written question – answered at on 12 October 2011.
To ask the Secretary of State for the Home Department what representations she has received on the removal of protection under the Immigration Rules for victims of domestic violence with unspent criminal convictions.
We received comments from 48 corporate partners on the criminality requirement for settlement guidance. We will be making minor alterations to our guidance in response to some of the suggestions from corporate partners.
The Government do not accept that the requirement to have no unspent convictions for settlement applications is incompatible with the commitment given to provide protection to victims of domestic violence. Where an applicant does have an unspent conviction and the offence is minor and where there are compelling and compassionate circumstances and the offence is related to the domestic violence, the UK Border Agency has discretion to disregard it and grant settlement outside the rules or grant temporary leave, including with access to benefits, if that is more appropriate.
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