§ Mr. FraserTo ask the Secretary of State for the Home Department what provision is being made by the Government to bring into force EC Council directives 90/364/EEC, 90/365/EEC and 90/366/EEC which require member states to bring into force laws, regulations and administrative provisions necessary to comply with the directives not later than 30 June; and whether, under those directives, the third country national family members in the ascending or descending line seeking to enter or remain in the United Kingdom with the EC national family member will be permitted to take employment.
§ Mr. Charles WardleThe directives are being implemented administratively. It is planned to lay an order under section 2(2) of the European Communities Act 1972 before Parliament later this year to incorporate into United Kingdom law all the EC regulations and directives dealing with rights of free movement and residence, including the three referred to in the question. Directive 90/366, on the right of residence of vocational students, entitles the EC national to be joined by his or her spouse and children under 21. The other two directives, on the right of residence of retired persons and of persons not covered by other EC measures, make provision for spouses, children under 21 and other dependent relatives in the ascending and descending line. Under the directives the spouse and dependent children of the main beneficiary are, irrespective of nationality, entitled to take employment or self-employment. Non-EC national dependent relatives in the ascending line who wish to take employment or self-employment have to meet the relevant requirements of the immigration rules.
§ Mr. FraserTo ask the Secretary of State for the Home Department what provisions are made for the grant of indefinite leave to remain to the third country national spouses of EC nationals exercising treaty rights in the United Kingdom in the event that the EC national does not apply for indefinite leave to remain or there is marriage breakdown.
§ Mr. Charles WardleIndefinite leave is normally granted to a non-EC spouse only if the EC national has acquired it or if the spouse qualifies for it in his or her own right under the immigration rules. A non-EC national cannot qualify for indefinite leave under the immigration rules on the basis of a marriage which has been dissolved. However, where such a person has been living in the United Kingdom for a substantial period as the spouse of 973W an EC national, any application to remain following a divorce would be considered in the light of any compassionate circumstances.