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1012172

registered interest
date	21/11/2018
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Children: Custody
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government whether children of single parent families would fall within the provisions of article 10(1)(e)(iii) of the draft agreement on the withdrawal of the UK from the EU in circumstances where the custody of a child has been disputed.
tabling member printed	Lord Wigley
uin	HL11699
answer	answer is ministerial correction date of answer 29/11/2018 answer text <p>It is the Government’s intention to implement this aspect of the Withdrawal Agreement in the UK by way of the EU Settlement Scheme, which will allow EU citizens living in the UK before we leave the EU to apply for status to remain once the UK has left. However, when determining the custody of a child in the UK whether or not the parent is a single parent is not a relevant factor. It will continue to be the case that the court with jurisdiction will decide on custody (with whom the child is to live and when) on the facts of the individual case.</p> answering member printed Lord Keen of Elie question first answered 29/11/2018 15:48:13 answering member 4538 label Biography information for Lord Keen of Elie
tabling member	547 label Biography information for Lord Wigley

1012173

registered interest
date	21/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what is the definition of a "durable relationship, duly attested" for the purposes of article 10(4) of the draft agreement on the withdrawal of the UK from the EU.
tabling member printed	Lord Wigley
uin	HL11700
answer	answer is ministerial correction date of answer 05/12/2018 answer text <p>A “durable relationship, duly attested” for the purposes of Article 10(4) of the draft Withdrawal Agreement reflects the provision made by Article 3(2)(b) of the Free Movement Directive (Directive 2004/38/EC). Its definition is reflected in that of “durable partner” in Appendix EU to the Immigration Rules for the EU Settlement Scheme, under which resident EU citizens and their family members will be able to obtain UK immigration status in line with the agreement.</p><p>This requires that the couple have lived together in a relationship akin to a marriage or civil partnership for at least two years (unless there is other significant evidence of the durable relationship), and that the applicant provides the requisite documentary evidence of this.</p> answering member printed Baroness Williams of Trafford question first answered 05/12/2018 17:22:20 answering member 4311 label Biography information for Baroness Williams of Trafford
tabling member	547 label Biography information for Lord Wigley

1012174

registered interest
date	21/11/2018
answering body	Home Office
answering dept id	1
answering dept short name	Home Office
answering dept sort name	Home Office
hansard heading	Immigration: EU Nationals
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government what assessment they have made of the compliance with human rights legislation of the requirement in article 10(5) of the draft agreement on the withdrawal of the UK from the EU for a host state to undertake "an extensive examination of the personal circumstances" of a person who has applied for residence.
tabling member printed	Lord Wigley
uin	HL11701
answer	answer is ministerial correction date of answer 05/12/2018 answer text <p>The requirement in Article 10(5) of the draft Withdrawal Agreement with the European Union to undertake “an extensive examination of the personal circumstances” applies to extended family members of EU citizens who have applied for residence in the UK. It is based on an identical requirement in Article 3(2) of the Free Movement Directive (2004/38/EC).</p><p>As this requirement is taken directly from existing EU law, we consider it to be compliant with the UK’s human rights obligations as set out in the European Convention on Human Rights and the EU Charter of Fundamental Rights, which apply in all EU Member States.</p> answering member printed Baroness Williams of Trafford question first answered 05/12/2018 17:49:32 answering member 4311 label Biography information for Baroness Williams of Trafford
tabling member	547 label Biography information for Lord Wigley