(This article was updated on 11/07/2020)
The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 are out, and the most important of the improvements are for the non-EU extended family members of EU citizens.
Extended family members, or ‘other family members’ as they are referred to in EU law, have now been granted rights of appeal against a refusal of a family permit or residence card.
Appeals for extended family members of EEA nationals has had a tumultuous history. The new appeal rights change comes into force on the 21st day after the regulations were laid out for Parliament: 28th of March, 2019.
Judging by these changes to the Immigration rules, EU citizens with a ‘derivative right to reside’ in the United Kingdom, will still be able to apply for post-Brexit settled status in the UK. There has been a technical change made to EEA regulations specifically to cater to such applications, with the note starting that the new instrument “provides scope for individuals with a ‘derivative’ right to reside in the UK under regulation 16 of the 2016 regulations to be granted leave under the EU Settlement Scheme.”
Common Travel Area
Lastly, there is also an amendment to the rules of the Common Travel Area: there is a passport free zone between the United Kingdom and the Republic of Ireland and it continues now that the UK has left the EU.
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What is an extended family member?
An “extended family member” is the UK version of what in EU law is called an “other family member” in Article 3 of Directive 2004/38. There are broadly three types of extended family member:
1. Dependants or members of the household of the EEA national who are dependent or members of household both before and after entry
2. A relative of an EEA national or his spouse or his civil partner and, on serious health grounds, strictly requires the personal care of the EEA national his spouse or his civil partner
3. A partner in a “durable relationship” with the EEA national
The free movement rights of extended family members are less strong than for direct family members such as spouses, children and dependent parents. For example, in the UK an extended family member must be granted a residence card in order to have full free movement rights.