13 July 2012 On 16 July 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: new rights of residence; restrictions on free movement rights; amendments to reflect current operational practice; amendments to implement agreements reached with the European Commission or stakeholders in relation to the UK's implementation of Directive 2004/38/EC; the extension of refusal powers based on public policy, public health, and public security; and amended appeal rights. The regulations have been amended to give effect to the judgments of the Court of Justice of the European Union (ECJ). The court establishes new rights to enter and reside in the UK and restricts the terms on which free movement rights can be exercised. Rights to reside in the UK on the basis of ECJ judgments do not stem directly from Directive 2004/38/EC, therefore they are referred to as 'derivative rights'. This means that the recognition of this right by the UK is not equal to rights under the directive. This also means that those who acquire derivative rights 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. These changes will affect: primary carers of self-sufficient EEA national children; children of EEA national workers or former workers where the child is in education in the UK; primary carers of children of EEA national workers or former workers where that child is in education in the UK; and dependent children under the age of 18 of the primary carers in each of the categories listed above. A new application form will be available on our website shortly. Until this form is published, applicants must complete form EEA2 (see right side of this page) and include a covering letter explaining the reason for their application to this address: UK Border Agency European Applications PO Box 306 Dept 110 Liverpool L2 0QN Guidance for applicants will be available on our website soon. This will be published in the European nationals section. A detailed document explaining the changes to the regulations can be downloaded from the right side of this page. Source:- http://www.ukba.homeoffice.gov.uk/sitecontent/newsarticles/2012/july/26-eea-regulations
One of the key issues of interest for forum members is that stated under item B which restricts the terms on which free movement rights can be exercised. So it now looks like that particular 'policy loophole' for dual British/Irish passport holders will be closed. Unfortunate, but not entirely unexpected. Read the Home Office summary of changes here
