Updates, commentary, training and advice on immigration and asylum law
Amendments to EEA regulations on rights of residence
THANKS FOR READING
Older content is locked
A great deal of time and effort goes into producing the information on Free Movement, become a member of Free Movement to get unlimited access to all articles, and much, much more
TAKE FREE MOVEMENT FURTHER
By becoming a member of Free Movement, you not only support the hard-work that goes into maintaining the website, but get access to premium features;
- Single login for personal use
- FREE downloads of Free Movement ebooks
- Access to all Free Movement blog content
- Access to all our online training materials
- Access to our busy forums
- Downloadable CPD certificates
Amendments to the Immigration (European Economic Area) Regulations 2006 (commonly known as the EEA regs) have been laid and will mainly come into force on 16 July 2012. The amendments are at SI 2012/1547.
Firstly, there is no sign of any attempt to tackle Zambrano yet.
The main change is the very belated (eight years is a new record, surely) incorporation of Chen  EUECJ C-200/02 into the EEA regs. However, the bad news is that a new category of residence called ‘derivative residence’ has been created with its very own new ‘derivative residence card’. This type of residence will never qualify the person for permanent residence. This is of highly questionable legality and challenges are likely.
The effect of the judgments in Lassal  EUECJ C-162/09, Dias  EUECJ C-325/09 and Ziolkowski and Szeja v Germany  EUECJ C-424/10 have also been amended in: residence under or in accordance with previous regulations will now count towards permanent residence.
The bizarre attempt to impose normal immigration rule requirements on obtaining a family permit to allow entry to the UK has been abandoned. The original rule actually remains at 12(1) but a new rule has been added at 12(1A) that renders the original otiose.
The retained rights of residence rules have been amended to include references not only to qualified persons but also to EEA nationals with a right of permanent residence.
The definition of ‘EEA national’ has been amended to eliminate dual nationals who are British citizens. Some transitional arrangements are put in place for those who relied on the previous understanding of the law, though.
Lastly, various tweaks are also made to appeal rights, but I cannot immediately see any major significance to these.
If you spot anything else of any significance, do leave a comment below.