HC Deb 06 December 1994 vol 251 cc168-9W
Mr. Madden

To ask the Secretary of State for Foreign and Commonwealth Affairs what guidance is issued to entry clearance officers at British overseas posts as to the gross weekly income sufficient for(a) a male spouse sponsor and (b) a female spouse sponsor, each with up to two children, to maintain a spouse applying to join his or her spouse in the United Kingdom without recourse to public funds; and if he will make a statement.

Mr. Baldry

Entry clearance officers are not given instructions on the gross weekly income necessary to meet the maintenance requirements of the immigration rules: each case is considered on its individual merits, having regard to the total financial resources available and likely to become available to the parties. These vary considerably from case to case. Entry clearance officers are further guided by the rulings of adjudicators, the tribunal and the higher courts.

Mr. Madden

To ask the Secretary of State for Foreign and Commonwealth Affairs what social security, and other public financial assistance, is deemed public funds by entry clearance officers when considering applications by spouses to enter the United Kingdom for settlement with their spouse; what will be the effect of the Chancellor's Budget statement on the assessment of such public funds; and if he will make a statement.

Mr. Baldry

In line with the statement of changes in immigration rules laid before the House on 23 May 1994, the following are deemed public funds by entry clearance officers:

  1. (a) housing under part III of the Housing Act 1985, part II of the Housing (Scotland) Act 1987 or part II of the Housing (Northern Ireland) Order 1988;
  2. (b) income support, family credit, council tax benefit and housing benefit under Part VII of the Social Security Contributions and Benefits Act 1992; and
  3. (c) income support, family credit, and housing benefit under the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

This list was not altered by the Chancellor's Budget statement.