Amendments to the Immigration (European Economic Area) Regulations 2006
The UK Government has recently amended the Immigration (European Economic Area) Regulations 2006 (by adopting the Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013). One of the most important changes is to Regulation 9 family members of British citizens that will come into effect on 1st January 2014, and how this will affect the ‘Surinder Singh’ route.
The ‘Surinder Singh’ route is a way for British citizens to bring their non-EEA dependant family members to the UK using the EEA Regulations as opposed to the strict UK Immigration Rules. The British citizen needs to exercise their treaty right as either a worker or a self-employed person in another EEA member state for a period of time, they can then bring their non-EEA dependant relative to the UK under the EEA Regulations as they have exercised their right to free movement in another EEA member state.
Benefits to this route include not having to meet the very strict financial requirements under Appendix FM-SE of the Immigration Rules that affect many applicants and their dependants.
The new requirement under Regulation 9 is that the centre of the British citizen’s life has transferred to the EEA member state where s/he resided as a worker or self-employed person. Relevant factors as to whether the centre of the British citizen’s life has transferred to another EEA member state include:
- the period of residence in the EEA State as a worker or self-employed person;
- the location of the British citizen’s principal residence;
- the degree of integration of the British citizen into the EEA State.
Law Firm Limited has extensive experience in assisting nationals with EEA applications who wish to bring their family members to the UK and would be happy to advise you on your eligibility in one of our consultations. This can be provided via Skype or face to face at our London or Moscow office.
Posted on Dec 16, 2013.