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Amendments to EEA regulations on rights of residence

Amendments to EEA regulations on rights of residence

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 [2004] 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.

Similarly, Ibrahim [2010] EUECJ C-310/08 and Teixeira [2010] EUECJ C-480/08 are also incorporated.

The effect of the judgments in Lassal [2010] EUECJ C-162/09Dias [2011] EUECJ C-325/09 and Ziolkowski and Szeja v Germany [2011] 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.

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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