Skip to main content

Immigrants: Marriage

Volume 480: debated on Thursday 16 October 2008

To ask the Secretary of State for the Home Department when she plans to issue guidance on the UK Borders Agency website on the implications of the House of Lords judgements in the cases of Metock and of Baiai. (224696)

The UK Border Agency is implementing the ECJ judgment in the case of Metock, which relates to the conditions under which European economic area (EEA) nationals' direct family members can reside in the UK. Updated guidance will be published shortly. The UK Border Agency's processes for assessing applications from those in the UK are already compliant with the Metock ruling.

The House of Lords judgment of 30 July in the cases of R (on the application of Baiai and others) v. Secretary of State for the Home Department concerns the Certificate of Approval scheme under section 19 of the Asylum and Immigration (Treatment of Claimants etc) Act 2004 which was developed as a way of combating sham marriages. The UK Border Agency is considering the full implications of this judgment and will publish appropriate guidance once that consideration is completed.