Important - Changes to the Immigration (EEA) Regulations 2006

[Terpe]

13 July 2012

On 16 July 2012, the Immigration (European Economic Area) Regulations 2006 will change.

The amended regulations will set out the rights of EEA nationals and their family members to enter and reside in the UK and will also confirm the criteria for rights to permanent residence.

The key changes to the regulations include:
new rights of residence;
restrictions on free movement rights;
amendments to reflect current operational practice;
amendments to implement agreements reached with the European Commission or stakeholders in relation to the UK's implementation of Directive 2004/38/EC;
the extension of refusal powers based on public policy, public health, and public security; and
amended appeal rights.

The regulations have been amended to give effect to the judgments of the Court of Justice of the European Union (ECJ). The court establishes new rights to enter and reside in the UK and restricts the terms on which free movement rights can be exercised.

Rights to reside in the UK on the basis of ECJ judgments do not stem directly from Directive 2004/38/EC, therefore they are referred to as 'derivative rights'. This means that the recognition of this right by the UK is not equal to rights under the directive.

This also means that those who acquire derivative rights are not eligible to acquire permanent residence in the UK, or to sponsor family members in to the UK once they have acquired a right to reside.

These changes will affect:
primary carers of self-sufficient EEA national children;
children of EEA national workers or former workers where the child is in education in the UK;
primary carers of children of EEA national workers or former workers where that child is in education in the UK; and
dependent children under the age of 18 of the primary carers in each of the categories listed above.

A new application form will be available on our website shortly. Until this form is published, applicants must complete form EEA2 (see right side of this page) and include a covering letter explaining the reason for their application to this address:

UK Border Agency
European Applications
PO Box 306
Dept 110
Liverpool
L2 0QN

Guidance for applicants will be available on our website soon. This will be published in the European nationals section.

A detailed document explaining the changes to the regulations can be downloaded from the right side of this page.

Source:-
http://www.ukba.homeoffice.gov.uk/si...ea-regulations

[Terpe]

One of the key issues for members here is that stated under item B which restricts the terms on which free movement rights can be exercised.

B. Restrictions on Free Movement Rights
McCarthy
The definition of “EEA national” has been amended in light of the ECJ judgment in McCarthy, which confirmed that the provisions of the Directive are not applicable to an EEA national who has never exercised his right of free movement, who has always resided in a Member State of which he is a national and who is also a national of another Member State.
An EEA national is therefore now defined in amended regulation 2(1) as “a national of an EEA State who is not also a United Kingdom national”.

So it now looks like that particular 'policy loophole' for dual British/Irish passport holders will be closed.

Not entirely unexpected though to be honest.

Read the Home Office summary of changes here

[bigmarco]

One of the key issues for members here is that stated under item B which restricts the terms on which free movement rights can be exercised.



So it now looks like that particular 'policy loophole' for dual British/Irish passport holders will be closed.

Not entirely unexpected though to be honest.

Read the Home Office summary of changes here

Hi Terpe
Would I be right in assuming that this now would prevent us from applying to bring my wife here on an EEA permit once I receive an Irish passport.

[Terpe]

Hi Terpe
Would I be right in assuming that this now would prevent us from applying to bring my wife here on an EEA permit once I receive an Irish passport.

Hi Marco, I'm so sorry to say this but yes. That route now appears to be closed.
Here's how the Home Office has changed the wording:-

An EEA national is therefore now defined in amended regulation 2(1) as “a national of an EEA State who is not also a United Kingdom national”.

To be honest Marco it's been a "loophole" ever since the EU courts made their ruling on the McCarthy case.

I've always made the point of warning people that the home office is making discretionary approvals as a policy decision.
So in effect the "law" hasn't changed but the wording and policy is now introduced retrospectively.

[bigmarco]

Hi Marco, I'm so sorry to say this but yes. That route now appears to be closed.
Here's how the Home Office has changed the wording:-


To be honest Marco it's been a "loophole" ever since the EU courts made their ruling on the McCarthy case.

I've always made the point of warning people that the home office is making discretionary approvals as a policy decision.
So in effect the "law" hasn't changed but the wording and policy is now introduced retrospectively.

Thanks for that Terpe. I thought I was reading it that way. To be honest it wasn't really a route I wanted to go down its just the appeal process seems so long winded. I'd never even heard of the EEA permit until I started using the forum.
Well the appeal is moving forward now so hopefully the ECM will see sense and overturn the decision so we can get on with our lives.
Thanks again

[andy222]

About time marco. Pity you cant sue them for stress.

[mindyspears]

Hi Terpe,

Would you know what kind of impact this change may have on those who have recently been approved for EEA Family Permit (if any)?

[mindyspears]

I mean those who got approved with the "loop hole".

[Terpe]

Hi Terpe,

Would you know what kind of impact this change may have on those who have recently been approved for EEA Family Permit (if any)?

If you're already under the EEA rules prior to the implementation date (July 16 2012) there'll be no impact. But I would suggest you organise your residence card.

[louismc44]

Hi all...
At this moment in time I do have a British Passport, this is due to the year of my birth which gives me the right to be a passport holder of the UK
I heard that if I use my Irish Passport, which I am entitle to do so
I would be exempt from all charges at the British Embassy in order to get my wife to come and join me...Is there some truth in this?
If there is? Then I will change my passport for my Irish one
I have had an Irish Passport in the past.

[louismc44]

Have read more deeply into this here.
It seems that having an Irish passport is of not much use to me in order that I may by-past all of this Brithsh Red Tape for my partner and I to live here in the UK
Am I right about this?