Ammendment to Immigration EEA Regulations 2006

[Obie]

Nearly 3 years after the landmark ECJ judgement in Metock, the UK has finally ammended the EEA regulations with effect from 2 June 2011.

It will be named The Immigration (European Economic Area) (Amendment) Regulations 2011
I cannot help thinking whats the significance of this, especially when for a long time regulation 8 or 12 did not reflect what the UKBA believes the law to be anyway. This is clearly a sign of surrender after several failed attemt at changing Directive 204/38EC, to reflect a restrictive interpretation.

Also important is changes to Reguation 4(4). Caseworker will no longer be able to reject applications under the Self-Sufficiency provision on the basis that the person does not hold resource higer than the maximum a UK national has to hold before being qualified for public fund assistance. They will be oblidge to look at all the circumstance in the case.

Importantly they have not changed Regulation 9, which i am not sure is still lawful in light of Metock.

[86ti]

I wonder if 12(1)(b) would also finally resolve the ECB5 vs. EUN2.2 issue (lawful residence in the other state required to be allowed an EEA FP application). Thanks for the link.

[jrge]

I wonder if 12(1)(b) would also finally resolve the ECB5 vs. EUN2.2 issue (lawful residence in the other state required to be allowed an EEA FP application). Thanks for the link.

I guess at some point a lawsuit will follow, and one of the two will be either abolished or their language modified.

[Obie]

Regulation 12 (1b i and ii)will be removed aswell. Basically, as far as Regulation 8 and 12 are concerned all the offensive element, that are incompatible will Metock according to the interpretation in Bigia, will be removed. Regulation 12 (1b) will not have any subparagraph. It will oly state, " The family member will be accompanying or Joining the EEA national in the UK".

[86ti]

Looking again through old and new versions of section 12 I actually can't see where the EEA regulations since 2006 ever required legal residence in a non EEA country (when applying from there). 12(1)(b)(ii) referred to the immigration rules (which may have such a requirement) but "other than those relating to entry clearance".

[Obie]

Regulation 12(1b) i does say the applicant applying for an EEA FAMILY PERMIT, should be lawfully resident in an EEA STATE, or should meet the conditions in 12(1b)ii which is that they should fulfill the requirements in the immigration rules applicable to family member, other than entry clearance aspect.

This was/is the position of the 2006 regulations, which would be ammended by the 2011 regulations

[terriblefish]

new caseworker instructions based on these regulations:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[vinny]

Amendments to the Immigration (European Economic Area) Regulations 2006 - SI 2012/1547.

[Obie]

Thanks Vinny for posting this.

It is shameful that the UK took nearly 8 years to incorporate Chen and nearly 4 years for Texerias.

I find the new derivative residence card very dissappointing as it does not lead to PR.

They fail to understand that that baumbast category people may be entitled to PR, as there is a case pending in the CJEU on this.

No mention of Zambrano. What a complete waste of time.

[Rania]

I have been residing in the UK with my two EEA children under CHEN since July 2010. They will however both be over 18 years old when my leave expires in 2015. Since there is still no right to PR under the new EEA amendments, what do you think UKBA can do in my case; split up the family unit just because my children will be young adults?

[Obie]

When your children reach adult age, and provided they are working and you can show you are dependant on them or even member of their household, you will be able to secure a residence card, which confer on you the right to work and possibly lead to PR status.

You may even be able to make a Human Right application, depending on the circumstances.

[EUsmileWEallsmile]

When your children reach adult age, and provided they are working and you can show you are dependant on them or even member of their household, you will be able to secure a residence card, which confer on you the right to work and possibly lead to PR status.

Excellent point.

[Rania]

Wouldn't it be difficult to show that I am dependent on my children as they have been dependent on me and members of my household and not the other way around?

[claire_bear_1905]

i am a british citizen married to a turkish citizen can we apply for eea family permit?

[Ben]

i am a british citizen married to a turkish citizen can we apply for eea family permit?

No, not usually.

[claire_bear_1905]

so how does it work then is we are in the eu and an eea state ?

[claire_bear_1905]

we have a son he is 2 years old do we have to hold an irish passport?

[Ben]

Claire, open a new thread and explain your circumstances. Someone will be along to help.

[mEEA]

Dear All,

I have been part of all this some time ago, but still interested. Just a simple question, let's say now and after this change a Non-EU dependent of an EEA national is in possession of a valid Family Permit from Spain (or any Non-UK but EU country), then,

Can the Non-EU person travel to UK without applying for any UK paper? If yes, should the Non-EU person be accompanied by the EU-national?

Thanks a million for the help you provide in advance, it is well appreciated!

Best,
mEEA

[Jambo]

Can the Non-EU person travel to UK without applying for any UK paper? If yes, should the Non-EU person be accompanied by the EU-national?

The recent changes to the regulations are not in this area. The UK still doesn't recognise article 10 RC issued by other member states. The European Commission has warned the UK it will take actions against this unlawful practice but nothing has changed yet.

However, if the non-EEA person is not a (UK) visa national, then an Entry Clearance is not really required.

[mEEA]

Can the Non-EU person travel to UK without applying for any UK paper? If yes, should the Non-EU person be accompanied by the EU-national?

... but nothing has changed yet.

However, if the non-EEA person is not a (UK) visa national, then an Entry Clearance is not really required...

May thanks for the comment.

I am confused a bit now and am still not so convinced that things have changed. I mean that UK only recognizes Family Permits that are issued by the UK Border Agency as the ONLY valid document to enter UK, or I am missing something?

Best,
mEEA

[EUsmileWEallsmile]

Can the Non-EU person travel to UK without applying for any UK paper? If yes, should the Non-EU person be accompanied by the EU-national?

... but nothing has changed yet.

However, if the non-EEA person is not a (UK) visa national, then an Entry Clearance is not really required...

May thanks for the comment.

I am confused a bit now and am still not so convinced that things have changed. I mean that UK only recognizes Family Permits that are issued by the UK Border Agency as the ONLY valid document to enter UK, or I am missing something?

Best,
mEEA

Non-visa nationals do not require a visa, by definition. 2006 regs do not appear to transpose the directive in the spirit it was intended. Anyway, it does not matter too much because if they present themselves at a border, they would be admitted.

Visa nationals need to have entry clearance to board a flight.

[mEEA]

....

Non-visa nationals do not require a visa, by definition. 2006 regs do not appear to transpose the directive in the spirit it was intended. Anyway, not matter as if they present themselves at a border, they would be admitted.

Visa nationals need to have entry clearance to board a flight.

I am lost again :-)

I did not ask about non-visa nationals, but visa nationals residing in EU (out of UK) and having a non-UK family permit. Can these people enter UK without applying for an Entry Clearance?

Best and Thanks,
mEEA

[EUsmileWEallsmile]

....

Non-visa nationals do not require a visa, by definition. 2006 regs do not appear to transpose the directive in the spirit it was intended. Anyway, not matter as if they present themselves at a border, they would be admitted.

Visa nationals need to have entry clearance to board a flight.

I am lost again :-)

I did not ask about non-visa nationals, but visa nationals residing in EU (out of UK) and having a non-UK family permit. Can these people enter UK without applying for an Entry Clearance?

Best and Thanks,
mEEA

Visa national family members of EU citizens no matter where they live, no matter what documentation they hold are required by the UKBA to either have a family permit, a residence card or a permanent residence
card.(issued by the UK authorities) (information correct at time of posting Aug 2012).

I hope this is clear.

[Jambo]

I am lost again

I did not ask about non-visa nationals, but visa nationals residing in EU (out of UK) and having a non-UK family permit. Can these people enter UK without applying for an Entry Clearance?

Enter? Yes, if they can get to the border (or the Eurostar train station/ferry port).

However, the UK only recognise their own permits so a non-visa national with a non-UK RC will find it difficult to board on a flight to the UK. He will require a UK issued Family Permit.