New Immigration (EEA ) Regulations

New Immigration (European Economic Area) Regulations 2016 were laid before Parliament on the 3rd November coming into force mainly from 1 February 2017 - Regulation 44 and schedule 5 take effect from 25 November 2016 . They form to serve largely a consolidating exercise from previous attempts at amending the EEA Regs but several significant changes are worth mentioning at this stage. 

Firstly, effective from the 25th November is the expected change to the Surinder Singh route which looks at the genuineness of a British persons residency with their non EU partner / spouse in a EU member state providing a reason for refusal "where the purpose of the residence in the EEA State was as a means for circumventing any immigration laws applying to non-EEA nationals to which they  would otherwise be subject.."  - See  Regulation 44                 ( schedule 5 - substitution of regulation 9 ) 

Secondly is the removal of appeal rights for extended family members ( Regulation 36 ) to reflect the Upper Tribunal decision of Sala earlier this year. 

And a ' verification process '  to establish the entitlement to the right to reside - Regulation 22 - The Secretary of State may invite A to provide evidence to support the existence of a right to reside or a derivative right to reside (as the case may be), or to support an application for an EEA family permit or documentation under this Part; or attend an interview with the Secretary of State.

 

 

The general interpretation section ( Regulation 2 ) should be considered further as there are certain 'adjustments' to broader definitions for example :

EEA decision” means a decision under these Regulations that concerns— 
(a) a person’s entitlement to be admitted to the United Kingdom; 
(b) a person’s entitlement to be issued with or have renewed, or not to have revoked, a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card (but does not include a decision that an application for the above documentation is invalid); 
(c) a person’s removal from the United Kingdom; or
(d) the cancellation, under regulation 25, of a person’s right to reside in the United Kingdom, 
but does not include a decision to refuse to issue a document under regulation 12(4) (issue of an EEA family permit to an extended family member), 17(5) (issue of a registration certificate to an extended family member) or 18(4) (issue of a residence card to an extended family member), a decision to reject an application under regulation 26(4) (misuse of a right to reside: material change of circumstances), or any decisions under regulation 33 (human rights considerations and interim orders to suspend removal) or 41 (temporary admission to submit case in person);