The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013

Policy effect

Amended EEA regulations regarding retention of worker and jobseeker status, requirements for non-EEA family members of returning British citizens, and powers to address abuse of residence rights.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… employed person who has ceased activity”) 2. In regulation 5, in paragraph (7), for “regulation 7A(3)”, substitute “regulations 6(2), 7A(3) or 7B(3)”. Regulation 6 (“Qualified person”) 3. In regulation 6— (a)in paragraph (2), for “regulation 7A(4)” substitute “regulations 7A(4) and 7B(4)”; (b)for paragraph (2)(b), substitute— “(b)he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for at least one year, provided that he— (i)has registered as a jobseeker with the relevant employment office; and (ii)satisfies conditions A and B;”; (c)after paragraph (2)(b), insert— “(ba)he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for less than one year, provided that he— (i)has registered as a jobseeker with the relevant employment office; and (ii)satisfies conditions A and B;”; (d)after paragraph (2), insert— “(2A) A person to whom paragraph (2)(ba) applies may only retain worker status for a maximum of six months.”; (e)for paragraph (4), substitute— “(4) For the purpose of paragraph (1)(a), a “jobseeker” is a person who satisfies conditions A and B. (5) Condition A is that the person— (a)entered the United … Kingdom in order to seek employment; or (b)is present in the United Kingdom seeking employment, immediately after enjoying a right to reside pursuant to paragraph (1)(b) to (e) (disregarding any period during which worker status was retained pursuant to paragraph (2)(b) or (ba)). (6) Condition B is that the person can provide evidence that he is seeking employment and has a genuine chance of being engaged. (7) A person may not retain the status of a worker pursuant to paragraph (2)(b), or jobseeker pursuant to paragraph (1)(a), for longer than six months unless he can provide compelling evidence … subject to worker authorisation under regulation 11 of the EU2 Regulations before 1st January 2014 must be treated as if it were a registration certificate issued under these Regulations so long as it has not expired.”. Regulation 9 (family members of British citizens) 5. For regulation 9, substitute— Family members of British citizens 9.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a British citizen as if the British citizen (“P”) were an EEA national. (2) The conditions are that— (a)P is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom; (b)if the family member of P is P’s spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in the EEA State before the British citizen returned to the United Kingdom; and (c)the centre of P’s life has transferred to the EEA State where P resided as a worker or self-employed person. (3) Factors relevant to whether the centre of P’s life has transferred to another EEA State include— (a)the period of residence in … 1); or (b)regulation 21B(2), where that decision was taken in the preceding twelve months.”. Regulation 15B (continuation of a right of residence) 12. In regulation 15B, in paragraph (5), for “19(3)(b)” substitute “19(3)(b) or (c)”. Regulation 19 (exclusion and removal from the United Kingdom) 13. In regulation 19 (exclusion and removal from the United Kingdom)— (a)after paragraph (1A), insert— “(1AB) A person is not entitled to be admitted to the United Kingdom by virtue of regulation 11 if the Secretary of State considers there to be reasonable grounds to suspect that his admission would lead to the abuse of a right to reside in accordance with regulation 21B(1).”; (b)in paragraph (3), for sub-paragraphs (a) and (b) substitute— “(a)that person does not have or ceases to have a right to reside under these Regulations; (b)the Secretary of State has decided that the person’s removal is justified on grounds of public policy, public security or public health in accordance with regulation 21; or (c)the Secretary of State has decided that the person’s removal is justified on grounds of abuse of rights in accordance with regulation 21B(2).”. Regulation 20 (refusal to issue or renew and revocation … 6 of Schedule 1), which come into force on 7th April 2014. Paragraph 3 of Schedule 1 to the Regulations (“the Schedule”) amends regulation 6 of the Regulations in order to restrict the extent to which a person who is involuntarily unemployed may retain the status of “worker”. Where a person worked for more than 12 months before becoming involuntarily unemployed, worker status may be retained for up to six months while the person is seeking work and has genuine prospects of employment, and for longer if the person can provide compelling evidence that he or she continues to seek work and has a … genuine chance of being engaged. The new regulation 6(2)(ba) and (2A) provides that a person who has worked for less than 12 months may only retain worker status for a maximum of six months. Changes are also made to the definition of “jobseeker” to clarify that a person may be a jobseeker both upon entering the UK, and where they have previously enjoyed a right to reside as a “qualified person” in another capacity. A person may only retain jobseeker status for more than 6 months if they are able to provide compelling evidence of seeking work and having a genuine chance of being engaged. These …

Review method

Two separate automated exact-claim source reviews

Other United Kingdom changes operative in 2014

• 2014-03-14Anti-social Behaviour, Crime and Policing Act 2014
• 2014-04-06Annual Upward Revision of UK Visa, Nationality, and Sponsor Fees (2014)
• 2014-07-01The British Nationality (General) (Amendment) Regulations 2014
• 2014-07-01The Immigration (European Economic Area) (Amendment) Regulations 2014
• 2014-10-20Immigration Act 2014: Removal of Family Members of Removable Persons
• 2014-10-20Immigration Act 2014: Removal of Unlawful Migrants
• 2014-11-14Service of notice for removal of family members
• 2014-11-17Waiver of fee
• 2014-12-01The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014