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UK: Gay couple can stay together

01 March 1997

The UK Home Secretary, Michael Howard, has ruled that a gay couple can stay together by giving Anders Da Silva, originally from Brazil, leave to remain in the UK for 12 months while his application for permanent residency is considered. Supporters of the couple are hailing this as the triumphant end to a three year campaign.

The story first came to national prominence in 1994 when Da Silva's partner, Mark Watson, was found guilty of forging Da Silva's immigration papers and jailed for six months. Da Silva was deported and when Watson was eventually released he set out to find a legal way to be reunited with his partner. Eventually Da Silva re-entered the country through Ireland and the couple applied for leave to remain together.

The Home Office turned down their request and labelled Da Silva an "undesirable". However when they took their case to appeal the immigration adjudicator found in their favour and told the Home Office to re-examine the case.

Although good news for the couple, this case does not appear to set any precedent. A spokeswoman for the Home Office stated: "When the Home Secretary acts with discretion outside immigration rules there must be literally exceptional circumstances. It's not used very often."

Current immigration legislation only allows heterosexual married couples the right to apply to stay in the UK. The opposition Labour Party are however committed to evaluating all immigration cases without regard to their sexual orientation.

Pink Paper 18.4.97