Question to the Home Office:

To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 25 June (HL8588), whether references to family members include non-EU citizens who are the (1) spouses, (2) civil partners, and (3) durable partners of UK citizens (a) before, and (b) after the UK leaves the EU.

In line with the Surinder Singh caselaw, except where the family members are EU citizens exercising Treaty rights, the spouses and civil partners of UK nationals have EU law residence rights in the UK only in limited circumstances. This is where they have resided together as family members in another EU Member State where the UK national was genuinely exercising their Treaty rights, before returning to the UK. This provision does not extend to durable partners.

Although not covered by the Withdrawal Agreement, it is our intention that spouses and civil partners of UK nationals who have genuinely exercised their free movement rights in another EU Member State before returning to the UK before the end of the implementation period, on 31 December 2020, will also be eligible to apply to the EU Settlement Scheme. As per Surinder Singh, we do not intend for the relevant provisions of the scheme to extend to durable partners of British citizens.