The rules operate differently for the spouse. When serving, the service person is not subject to any immigration restrictions, so they could get naturalisation more quickly. Once they have been naturalised, that opens up some opportunities for their family member.
New section 4C of the 1981 Act, introduced in January 2010, enables a child born to a member of the armed forces serving overseas on an operational posting who would have been born in the UK but for that posting to register as a British citizen on application. Children may also register as British citizens if a parent is naturalised or settles in the UK.
The hon. Member for Kingston upon Hull North referred to a specific case. Obviously, I would not go into a specific case in the House, and I do not have all the details to hand either. As a general rule, there is provision in the immigration system, outside the immigration rules, for people to make an application for leave to remain on compassionate grounds. The Secretary of State and I have the ability to allow that. Clearly, we would not set out the details, but look at the application in the round, but we can grant that if the case is sufficiently compelling.
On the hon. Lady’s general point about testing the Secretary of State’s discretion, all the Secretary of State’s decisions in such matters are of course subject to judicial review. Although we do not use the powers frequently—that would drive a coach and horses through the rules—even during my time as Minister for Immigration we have allowed people to visit the United Kingdom on compassionate grounds when they would not normally have met the rules.
It is helpful to be able to operate with such discretion, which is of course the purpose of the Bill. The requirement for an applicant to have been in the United Kingdom at the start of the five-year period is unwaivable, and the
Secretary of State cannot waive it however compelling the case. That is the benefit of putting the Bill on the statute book.
It is worth saying that there is already a provision, of which Members may not be aware, to waive that requirement in Crown service cases, but it applies only to those who are still in service and overseas when they apply. The Bill will enable the requirement to be waived for members and former members of the armed forces who have been discharged and have then applied for naturalisation or who have returned to the UK.