Category : Housing
New Immigration (European Economic Area) Regulations 2016 coming into force mainly from 1 February 2017. The new version is mainly a consolidating exercise — the 2006 regulations has been amended but there are also some significant changes which include:
1. Major changes to the Surinder Singh route (coming into effect on 25 November 2016) which on the one hand soften the test to whether residence abroad was “genuine” but on the other hand sanctions 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 [the family member] would otherwise be subject”.
2. New power to require EEA applications to be made in a prescribed manner.
3. Confirmed abolition of right of appeal for extended family members.
4. Introduction of potential for out of country appeals to all EEA appeals where the person is judged to have no right of residence (see reg. 32(3) read with Bilal Ahmed).
5. The NA Pakistan judgment is implemented, at least in part, so that a child does not need to have been in education at the time the EEA national parent left the UK.
6. A new “verification” process for the Home Office to check whether an EEA national or family member really qualifies for residence.
7. A new “misuse of rights” provision which appears directly and deliberately to conflict with the Akrich Case C-109/01 and Emsland‑Stärke (Case C‑110/99) judgments.