On 16 July 2012, the Immigration (European Economic Area) Regulations 2006 will change, the UK Border Agency has announced.
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
PO Box 306
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 UKBA website. Source: UK Border Agency.
The EEA regulation changes are separate from the new Family Migration UK Immigration Rules which came into effect on Monday 9 July 2012.
Starting 9 July the UK Government will be implementing a number of important changes to family migration routes.
In cases where the foreign-born spouse has children, their British partner would have to earn £22,400 or more, plus £2,400 for each additional children.
Applications involving an EEA partner are usually best made under more favourable EEA regulations.
UK work restrictions on Bulgarian and Romanian nationals were extended until the end of 2013 by the British government last November. But some are worried that these restrictions may be extended in the wake of the euro crisis.
Hundreds of thousands of Romanians and Bulgarians are thought to have moved to the UK to study or work on a ’self employed’ basis.
Should the UK Border Agency change the Rules to curb immigration from EU countries those who have already applied for Yellow Card or Blue Card registration are unlikely to be affected once their BR1 application has been submitted.
If you need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 2, Tier 4, applying for university if your college has closed down, Visa, ILR/Settlement, Citizenship, Dependant Visa or an Appeal against a refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email:
Majestic College offer special packages for EU students and access to fully funded courses with NO UPFRONT FEES. They also have a number of employers looking for staff right now and are willing to employ Bulgarians and Romanians.
For more information call Joanna on 0208 207 1020 or email firstname.lastname@example.org