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Home Office written question – answered on 5th December 2018.

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Photo of Lord Wigley Lord Wigley Plaid Cymru

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.

Photo of Baroness Williams of Trafford Baroness Williams of Trafford The Minister of State, Home Department, Minister for Equalities (Department for International Development)

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.

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.

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