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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 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.

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

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).

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.

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