Amended regulations are now in force regarding the rights of European Economic Area (EEA) nationals and their family members entering and living in the UK.
The changes also affect the criteria for rights to permanent residence in the UK and have been amended to conform with judgements of the Court of Justice of the European Union (ECJ).
The key changes to the regulations include new rights of residence; restrictions on free movement rights and amendments to reflect current operational practice.
They also reflect 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 take into account the ECJ which 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 shortly but meanwhile applicants should use the old form and include a covering letter explaining the reason for their application.