Recognition of Children Under Non-Adoptive Legal Guardianship as Extended Family Members

Policy effect

Expands the definition of extended family members under the 2016 EEA Regulations to include children under 18 subject to recognized non-adoptive legal guardianship orders in favour of an EEA national.

Conditions and exceptions

The child must be under age 18, subject to a non-adoptive legal guardianship order recognized under the law of the state where it was contracted, have lived with the EEA national since placement, created family life, and have a personal relationship involving dependency and parental responsibility.

Official source excerpt

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

These Regulations may be cited as the Immigration (European Economic Area) (Amendment) Regulations 2019 and come into force on 15th August 2019. Amendments to the Immigration (European Economic Area) Regulations 2016 2. —(1) The Immigration (European Economic Area) Regulations 2016( 4 ) are amended as follows. … (5) In regulation 8 (meaning of “extended family member”)— (a) in paragraph (1), after “paragraph” insert “(1A),”; (b) after paragraph (1) insert— “ (1A) The condition in this paragraph is that the person— (a) is under the age of 18; (b) is subject to a non-adoptive legal guardianship order in favour of an EEA national that is recognised under the national law of the state in which it was contracted; (c) has lived with the EEA national since their placement under the guardianship order; (d) has created family life with the EEA national; and (e) has a personal relationship with the EEA national that involves dependency on the EEA national and the assumption of parental responsibility, including legal and financial responsibilities, for that person by the EEA national. ” …

Review method

Official-source atomic repair with two-pass Gemini 3.8 Flash review and a final cross-record publication gate

Other United Kingdom changes operative in 2019

• 2019-01-08Increase of Concessionary Immigration Health Surcharge for Students and Youth Mobility Migrants to £300
• 2019-01-08Increase of General Immigration Health Surcharge to £400
• 2019-03-11Automatic Grant of Leave via ePassport Gates for Designated Non-Visa Nationals
• 2019-03-30EU Settlement Scheme opens fully after pilot phases
• 2019-03-30Extended Absence Threshold for Lapsing of Indefinite Leave Under Appendix EU
• 2019-04-06Initial stateless leave increases from 30 months to five years
• 2019-08-15Inclusion of Minor Children of Durable Partners as Extended Family Members
• 2019-10-01Section 67 leave can be granted on arrival without a prior refused asylum claim