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.
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:
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;
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.
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:
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