§ Mr. Juddasked the Secretary of State for the Home Department whether he will make a statement clarifying the Government's policy towards the right to remain in the United Kingdom of immigrants who entered the United Kingdom legally usually as visitors, but who overstayed the period granted by the Home Office.
§ Mr. LaneA person who has limited leave to enter or remain in the United Kingdom and remains beyond the time limit is liable to deportation under Section 3(5)(a) of the Immigration Act 1971. My right. hon. Friend exercises his powers of deportation, subject to the right of appeal, whenever necessary as a means of enforcing the departure of a person who persistently fails to comply with his conditions of entry. A person who overstays also commits an offence under Section 24(1)(b) of the Act and on conviction may be recommended for deportation. My right hon. Friend normally acts upon the recommendation of the court. A Commonwealth citizen or a citizen of the Republic of Ireland who was ordinarily resident in the United Kingdom on 1st January 1973 is not liable to deportation for overstaying when he has completed five years' ordinary residence.