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Brexit day and Updates to EEA Guidance

On the day the UK was set to leave the EU, 29 March 2019, the Home Office has published updated guidance in relation to the extended family members of EEA nationals, and the family members of British citizens under EU law.

Extended family members – what has changed?

The guidance published 27 March 2019 states that the appeal rights of extended family members have been updated:

In the section ‘appeal rights’: the text ‘From 29 March 2019 extended family members applying for a family permit, residence card or registration certificate may be eligible for a right of appeal against the refusal of such document, if they meet the criteria of regulation 36(4) of the 2016 regulations’ has been added to reflect the 2019 amendments to the Immigration (European Economic Area) Regulations 2016.

This follows the disruption of appeal rights for extended family members, and brings the 2016 Regulations back inline with 2006 Regulations.  This is good news for extended family members, who now no longer need to try to judicially review decisions but can appeal against refusal decisions.  

Family members of British citizens relying on EU law – what has changed?

The guidance published 29 March 2019 recognises the scope of who can apply for a Family Permit or Residence Card relying on the Surinder Singh route has been broadened.  This change is to reflect the Court of Justice decision in Banger.  It means that extended family members can apply to accompany/join a British citizen to the UK where they have previously lived together in another EEA state, rather than simply the spouses / children / dependent parents of an EEA national.  This, too, is a positive change.

The time these changes will have effect may well be limited, but they at least mean that citizens’ rights should be better protected until Brexit fallout is known.

Contact our EEA Immigration Barristers

For expert advice regarding the rights of extended family members of EEA nationals or the family members of British citizens under EU law, contact our EEA immigration barristers in London on 0203 617 9173 or complete our enquiry form below.


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