having engaged EU rights in another country, British citizens should enjoy the same rights as any national of an EEA state in the UK
(PRWEB UK) 12 December 2013
On 5 December 2013 Parliament considered amendments to the Immigration (European Economic Area) Regulations 2006, the most important part of which will be coming into effect on 1 January 2014.*
The changes will affect family members of the British citizens relying on the residence rights derived from European legislation, as opposed to domestic immigration rules.
At present family members of a British citizen who has exercised his rights as a worker or self-employed person in another EEA country have the right of residence in the UK similar to those of family members of other EEA nationals. In legal jargon this is called “Surinder Singh route” after the name of the case decided by the ECJ in 1992, Surinder Sing, C-370/90.
This principle is now incorporated into the Immigration (EEA) Regulations 2006. From 1 January 2014, a new requirement will be added for Surinder Singh migrants who will now have to demonstrate that the British citizen sponsor had “transferred the centre of his or her life” to another EEA country before they could benefit from free movement rights.
In their recent blog post, Kadmos Consultants discuss potential clash of the new requirement with the jurisprudence of the Court of Justice. According to Helena Sheizon, “centre of life test is miles away from the principle established in Surinder Singh judgment which says that having engaged EU rights in another country, British citizens should enjoy the same rights as any national of an EEA state in the UK”.
The blog also offers tips on the likely practical implications of the changes, such as how long British citizens will be expected to work abroad before benefiting from the Regulations, and the concepts of "principal residence" and "degree of integration" in immigration context.
Helena Sheizon is available to comment on the forthcoming changes and can be reached by email to Helena(at)kadmos(dot)org(dot)uk.
About Kadmos Consultants
Kadmos Consultants is a dedicated firm of immigration lawyers based in London. The firm specialises in all aspects of UK immigration law and assists with applications for residence documents, family and business immigration, settlement and British nationality.