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Immigration (European Economic Area) (Amendment) Regulations 2018: An update

30 July 2018 Category: Immigration James Ritchie

The Immigration (European Economic Area) (Amendment) Regulations 2018 amend the 2016 Regulations with a view to implementing the effects of judgments passed by the Court of Justice. The changes involve free movement rights, the processes and procedures for EEA applications, and the criteria required to be a qualified person. This blog will provide a brief explanation of what has changed.

Dual-nationals

Regulation 9A of the 2018 Regulations was enacted with a view to bringing the Court of Justice judgment of Lounes, into law. The change relates to EU nationals who naturalise as British citizens, the effect being that they will retain their free movement rights under EU law, if:

  • the dual British and EEA national exercised free movement rights in the UK as a worker, self-employed person, self-sufficient person or student, or had a right of permanent residence in the UK prior to the acquisition of British citizenship;
  • subsequently acquired British citizenship, while also retaining their nationality of origin;
  • the dual British and EEA national continues to exercise Treaty rights or holds a right of permanent residence.

Deportation or exclusion order

Anyone who has been issued with a deportation or exclusion order will now be subject to a higher degree of restriction to their rights as an EEA national. Under Regulations 11 to 15, those individuals will no longer benefit from a;

  • right of admission to the UK;
  • initial right of residence;
  • extended right of residence;
  • right of permanent residence.

Primary carers of EEA nationals

Regulation 16 of the 2018 Regulations now omits the requirement for a primary carer’s partner to not be an ‘exempt person’. An exempt person in this instance is anyone who is an EEA national, or has indefinite leave to remain. Previously, carers of EEA nationals were not allowed to obtain a right to reside under EEA Regulations, unless they were the sole carer or they shared responsibility of caring with another who was not an “exempt person”. This is no longer the case.

Self-employed qualified persons

Similar to Regulation 9A, the amendment found in Regulation 6 was added to reflect the judgment by the Court of Justice in the case Gusa, relating to self-employed EEA nationals. The Regulation outlines the criteria person where an EEA national is no longer in self-employment and may continue to be treated as self-employed provided that the person:

  • is temporarily unable to engage in activities as a self-employed person as the result of an illness or accident;
  • is in duly recorded involuntary unemployment after having worked as a self-employed person in the United Kingdom for at least one year provided the person—
    • has registered as a jobseeker with the relevant employment office;
    • entered the UK as self-employed or to seek self-employed work, or seeking employment after having enjoyed a right to reside in the UK due to being either self-employed, self-sufficient, or a student;
    • provided evidence of seeking employment or self-employment with a “genuine chance of engagement”.
  • is involuntarily no longer in self-employment and has embarked on vocational training; or
  • has voluntarily ceased self-employment and has embarked on vocational training that is related to the person’s previous occupation.

Contact McGill & Co Immigration Solicitors Today

If you are looking for advice on whether you may be able to rely on any of the latest European Regulations, our team offer consultations and a full application service to provide advice and assistance on the best course of action to take to secure your position in the UK.

Call us on 0131 510 1355 for our Edinburgh office or 0141 280 7660 for our Glasgow office or fill out our online form and we will get back to you as soon as possible.

 

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