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Explain how UK immigration law deals with the need to ensure that families can

live together.

Evaluate the effect which the incorporation of the European Convention has had
and will have on UK immigration law affecting family reunion.

Definitions: spouses, civil partner and partner:

1. spouses=husbands or wives who are married to each other


2. civil partners=same sex couples who register a civil partnership
3. doesn’t matter where the marriage or civil partnership registration takes place,
as long as the legal procedure involved is recognised in UK law
4. partners who have lived together as a couple for > than 2yrs have the same
rights as spouses and civil partners

Procedural Comparison:

Two possible applications can be made within the UK Immigration Rules and
Regulations, where a non European spouse/civil partner/partner of a UK citizen who
also holds another EEA(European Economic Area) citizenship wishes to come to live
in the UK with her/his spouse/civil partner/partner:

1. Under UK Immigration Laws: Application for visa for spouse/civil partner/partner of


UK citizen or person settled in UK.

- Financial Requirement that the couple can maintain themselves and


dependants and that adequate accommodation is available.
- Applications from outside the UK to UK embassy or consulate where non
EEA spouse/civil partner/partner lives. £500 non-refundable fee. Couple
are interviewed. Can be slow.
- Applicants from within the UK must have permission to be in the UK for
more that six months, except holders of fiancé visas (i.e. cannot obtain
spouse/civil partner visa as overstayer, visitor, asylum seeker etc).
Application on form FLR-£395 postal fee, originals of all accompanying
evidence, passports etc. Couple can be interviewed. Can be slow.

2. Under EEA Regulations: Application for EEA Family Permit for spouse/civil partner
of EEA ‘worker’ resident in UK.

- Requirement that EEA national is a ‘worker’ (or exercising another free


movement right) resident in UK. Financial and accommodation position
irrelevant.
- Applications from outside the UK to UK embassy or consulate where non
EEA spouse/civil partner lives. No fee, no financial requirements.
Generally an ‘over the counter’ speedy procedure. In some cases
applicants may be interviewed and if so it should only be very briefly. If
successful, granted six months EEA Family Permit. Once in UK, no
restriction on access to public funds, non EEA spouse/civil partner can
take employment, apply by letter or on Form EEA 1 and 2 for 5 year
residence document.
- Applications from within the UK: by letter or on Form EEA 1 and 2 for 5
year residence card. No fee, no interview, no financial requirements. Can
submit copies of supporting documents initially and follow with originals.
Direct effect of European law provisions creates automatic entitlement,
appli