EEA Regulations 2016 transitory provisions tightening residence criteria for family members of British citizens

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

Operative dateNovember 25, 2016

CategoryEligibility

Policy toolEligibility rules

Affected groupNon-EEA family members of British citizens returning to the United Kingdom after residing in another EEA member state

Policy effect

Brought into force transitory provisions replacing regulation 9 of the Immigration (European Economic Area) Regulations 2006 in advance of the full 2016 regulations, requiring family members of British citizens returning from an EEA state to prove genuine residence based on center of life transfer, accommodation quality, and degree of integration, and expressly barring applications where residence was intended to circumvent UK immigration laws.

Conditions and exceptions

Conditions require the British citizen to have resided in an EEA state as a qualified person or acquired permanent residence there, lived together with the family member, and established genuine residence (considering whether the center of life transferred, duration, accommodation quality, and integration). Excludes residence entered into for the purpose of circumventing immigration laws applying to non-EEA nationals.

Official source excerpt

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

(2) These Regulations come into force— (a) for the purposes of this regulation, regulation 44 and Schedule 5 (transitory provisions), on 25th November 2016; (b) for all other purposes, on 1st February 2017. General interpretation 2. —(1) In these Regulations— “the 1971 Act” means the Immigration Act 1971( 4 ); “the 1999 Act” means the Immigration and Asylum Act 1999( 5 ); “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002; “the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006( 6 ); …

legislation.gov.ukS.I. 2016/1052, regulations 1(2)(a), 44, and Schedule 5Open official source

Retrieved from https://legislation.gov.uk/uksi/2016/1052/made/data.xht?view=snippet&wrap=true

Review method

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

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EEA Regulations 2016 transitory provisions tightening residence criteria for family members of British citizens

Policy effect

Conditions and exceptions

Official source excerpt

Review method

Other United Kingdom changes operative in 2016