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1012169

registered interest
date	21/11/2018
answering body	Department for Exiting the European Union
answering dept id	203
answering dept short name	Exiting the European Union
answering dept sort name	Exiting the European Union
hansard heading	Court of Justice of the European Union
house id	2
legislature	25277 pref label House of Lords
question text	To ask Her Majesty's Government, under the terms of the draft agreement on the withdrawal of the UK from the EU, in what circumstances they anticipate UK judicial authorities being required to have regard to the case law of the Court of Justice of the EU after the transition period has ended.
tabling member printed	Lord Wigley
uin	HL11696
answer	answer is ministerial correction date of answer 07/12/2018 answer text <p>As provided for in Article 4 of the Agreement, where Union law is applied by the Withdrawal Agreement, UK courts will interpret it in conformity with relevant case law handed down by the Court of Justice of the European Union (CJEU) before the end of the implementation period. They will also pay due regard to relevant CJEU case law handed down after the end of the implementation period when considering the interpretation and application of the Withdrawal Agreement in UK law.</p><p> </p> answering member printed Lord Callanan question first answered 07/12/2018 11:51:18 answering member 4336 label Biography information for Lord Callanan
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