Immigration Alert: Changes to the Immigration (European Economic Area) Regulations 2006

8 November 2012

On 8 November 2012 the Immigration (European Economic Area) Regulations 2006 will change. 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:

  • removal of the requirement in regulation 8(2(a) that an extended family member must have resided in a country in which the EEA national also resides
  • amendments to confer rights of entry and residence on the primary carer of a British citizen. This is based on the ECJ judgment in Ruiz Zambrano*
  • amendments to regulation 26 so that a person claiming to be the durable partner of an EEA national may only appeal where they have provided sufficient evidence of the relationship with that EEA national
  • amendments to enable the Secretary of State to accept alternative evidence of identification and nationality where a person is unable to provide a valid ID card or passport due to circumstances beyond their control.

*This means that those who acquire this derivative right 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.

Reminder – Migration Advisory Committee Call for Evidence on the Shortage Occupation List

We sent out an alert on this on 20 September, but as a reminder, the Migration Advisory Committee (MAC) will require evidence to support occupations remaining on the Shortage Occupation List (SOL). In addition, it is being proposed that occupations only remain on the SOL for a finite period of time, potentially up to a maximum of two years. It will therefore be important for all employers who bring migrants to the UK under the shortage occupation route to ensure they provide evidence to the MAC on the most appropriate time period for their industry sector. Evidence needs to be provided by the deadline of 30 November. If you require assistance with a submission please speak to your usual Kingsley Napley contact.

For more information, please contact a member of the immigration team.

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