The Surinder Singh Route just got a bit easier

[John]

Following a European Court judgement the UK Government has needed to change its regulations. The amending regulations are :-

The Immigration (European Economic Area) (Amendment) Regulations 2005

As it says in the explanation towards the bottom of that document :-

Regulation 2(2) removes the existing provision in the 2000 Regulations which states that the family member of a United Kingdom national who moves to another Member State and subsequently returns to the United Kingdom may not gain rights of residence and entry to the United Kingdom under the 2000 Regulations if the United Kingdom national left the United Kingdom in order for his family member to acquire rights under the 2000 Regulations. A new provision is substituted which provides that the family member of a United Kingdom national who moves to another Member State and returns to the United Kingdom must be lawfully resident in an EEA State if he is to gain rights of entry to and residence in the United Kingdom. These changes reflect the judgment of the European Court of Justice in the case of Akrich (Case C-109/01).

So as from 07.02.05 it is totally OK to admit that the UK national moved to another EEA country with a view to moving family back to the UK later with an EEA Family Permit ..... but it is essential that the family members are legally in another EEA State if they are making their EEA Family Permit application within the EEA.[/quote]