Changes to the Immigration European Economic Area Regulations 2006

On 16th July, 2012, the government announced changes to the EEA Regulations 2006 which govern the rights of EEA nationals and their family members in UK law.  These changes have been brought for the most part to incorporate developments in European case law.

Many of these changes are of a minor technical nature and we set out only the major changes of general interest here:-

1. There are new ‘derivative rights’ of residence for: those caring for self-sufficient EEA children; the children of former EEA national workers where the child is in education; carers of the children of former EEA national workers where the child is in education; the dependent children of such carers.  Such individuals would be issued a ‘derivative residence card’ and these derivative rights cannot lead to a right of permanent residence.

2. The new rules establish that an EEA national who has a permanent right of residence is a person from whom a family member can derive a right of residence.  This means that where an EEA national is no longer working (or otherwise exercising Treaty Rights) but has already gained a permanent right of residence their family members can retain a right of residence in the event they cease to be family member.

3. Restrictions on Free Movement Rights (to come into force on 16th October 2012).  The new rules will make clear that an EEA national cannot be considered to be an EEA national who is also a British national, meaning that a UK national has to move from another EEA State to the UK in order to trigger any rights of free movement and cannot simply be an existing resident in the UK and rely on the fact that he is also a member of another EEA Member State (the ‘Surinder Singh’ principle remains unaffected).

4. Appeal rights are amended to provide a continued right of residence for those appealing against certain decisions.  Any family member must provide evidence of identity and nationality in order to exercise any right of appeal.

5. Those who have retained a right of residence can obtain a Family Permit if applying to enter the UK from overseas.