§ Mr. AllenTo ask the Secretary of State for the Home Department what rights the spouse of a European economic area national exercising free movement rights in the United Kingdom may exercise before leaving the United Kingdom when he or she has been refused leave to remain in the United Kingdom.
§ Mr. Charles WardleThe spouse of a European economic area national who is exercising rights of residence in the United Kingdom under the EC treaty is entitled to reside here with the EEA national. However, we do not accept that a spouse who is party to a marriage of convenience has any right to benefit from Community law on free movement and residence.
§ Mr. AllenTo ask the Secretary of State for the Home Department what measures have been put in place or are being put in place to give effect to the right of businesses based in another member state of the European Union under article 59 of the EC treaty to send a work force to complete a contract in the United Kingdom when the work force includes third country nationals who are employees of the business.
§ Mr. Charles WardleNone, but we keep the situation under review in the light of judgments of the European Court of Justice.
§ Mr. AllenTo ask the Secretary of State for the Home Department, pursuant to his answer of 26 May,Official
36W
EEA national Non-EEA national Outcome of application Danish 1 Croatian 1 Granted 1 Dutch 1 Malaysian 1 Granted 1 French 4 Algerian 1 Granted 1 Egyptian 1 Granted 1 Moroccan 1 Granted 1 Nigerian 1 Granted 1 German 2 Brazilian 1 Granted 1 Ghanaian 1 Granted 1 Irish 22 Algerian 2 Granted 2 Ghanaian 2 Granted 2 Iranian 1 Refused 1 Malaysian 1 Granted 1 Moroccan 5 Granted 3 Refused 2 Nigerian 7 Granted 6 Refused 1 Filipino 1 Granted 1 Turkish 2 Granted 2 Yugoslavian 1 Granted 1 Italian 2 Nigerian 2 Granted 2 Report, column 253, in respect of the 29 entry clearance applications which have been made at British diplomatic posts abroad by persons who are not European economic area nationals and who have sought entry as family members of British citizens who have exercised treaty rights in another member state, what was the average processing time of these applications; how many were granted; and how many were refused.
§ Mr. Charles WardleOf these 29 entry clearance applications, 22 were granted and seven refused.
§ Mr. AllenTo ask the Secretary of State for the Home Department if he will list, in respect of the European economic area, non-European economic area national family members of European economic area nationals who were refused entry clearance or leave to remain in the United Kingdom since March 1993, and the grounds on which the refusals were based.
§ Mr. Charles WardleInformation is available only in respect of after entry applications for residence documents of limited validity. Between March 1993 and the end of June 1994, 56 applications were refused from non-European economic area nationals for a residence document of limited validity as the family member of an EEA national. Information is not available about the individual grounds on which these refusals were based.
§ Mr. AllenTo ask the Secretary of State for the Home Department, pursuant to his answer of 26 May,Official Report, column 254, in respect of the 39 applications involving marriage between a non-European economic area national and a European economic area national in respect of which an interview has been carried out since March 1993; what was the nationality of the non-European economic area national; and what was the outcome of the application after interview.
§ Mr. Charles WardleOf these 39 applications, 34 were granted and five refused, following the interview.
The nationalities of the 39 EEA nationals, and their non-EEA spouses, and the outcome of their applications, are as follows:
37W
EEA national Non-EEA national Outcome of application Portuguese 4 Algerian 1 Granted 1 Egyptian 1 Refused 1 Malaysian 1 Granted 1 Moroccan 1 Granted 1 Spanish 3 Algerian 2 Granted 2 Polish 1 Granted 1 Totals 39 39 Granted 34 Refused 5