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.


appli .Direct effect of European law provisions creates automatic entitlement.

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