Question
I have constituents who are waiting on the five-year route to ILR, who have brought their spouses and children with them to this country and taken on high-skilled, high-paying roles. Their spouses will now have to apply separately and will be on a 10-year scheme. If their children reach adulthood before both spouses have achieved ILR, they will not be eligible to remain in this country, despite having been here since childhood. Can the Home Secretary give any reassurance to those families in my constituency who are deeply worried about their children being left without citizenship?
Answer
The hon. Member has probably not yet had the opportunity to look at the chapter on dependants within the consultation response, so let me reassure her that we have confirmed that the position on children is largely unchanged. Spouses will normally settle at the same time as the main applicant if they arrive at the same time; if they arrive after the main applicant, they will do the same time period. Looking at income—we consulted specifically on this point—we have also said that for those on lower incomes, or to reflect the fact that one partner might take time out for caring responsibilities, combined household income can be used rather than individual income.
Verdict: RED (22/100)
The question asked what happens to a child who becomes an adult before both parents hold indefinite leave to remain. The reply gives only a general assurance that the position for children is 'largely unchanged' and refers the reader to a consultation chapter, without explaining the specific situation asked about. The other parts of the reply cover different categories of dependant and do not fill this gap, so the question is only partly answered and in a hedged way. The person who asked would most likely need to ask again for a specific answer.
How we got there
| Question item | Coverage | Specificity | Rationale |
|---|---|---|---|
| What reassurance can the Home Secretary give to families worried that their children, who have been in the UK since childhood, will not be able to remain if they reach adulthood before both parents have achieved indefinite leave to remain. | Partially Addressed | Hedged | The reply gives only a general assurance that the position on children is 'largely unchanged' and points to a consultation chapter, without explaining what happens to a child who reaches adulthood before both parents hold ILR, which is the specific scenario asked about. The spouse and income statements (3-6) concern other dependant categories and do not supply the missing mechanism for children. |