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House of Lords written question – answered on 28th June 2012.

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Photo of Lord Laird Lord Laird UUP

To ask Her Majesty's Government, in considering visa applications by foreign nationals citing the European Convention on Human Rights Article 8 right to a family life, whether it is the right of the applicant or that of the applicant's family and associates in the United Kingdom that it is taken into account when deciding on their entitlement to enter or reside in the United Kingdom; and, in the case of family, whether different weightings are applied to differing types of relationship or blood ties.

Photo of Lord Henley Lord Henley The Minister of State, Home Department

A visa application citing Article 8 of the European Convention on Human Rights must meet the requirements of the Immigration Rules. The rules take account of the right to respect for family life of both the applicant and the family member they are applying to join in the UK. The rules do not apply different weightings to different types of family relationship. From 9 July 2012 the rules are expected to reflect the statement of changes laid on 13 June (Hansard, Commons, col. 194). The new rules will set clear requirements for each category of family applicant: partner, child, parent and adult dependent relative.

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