Immigration (EEA) Regulations 2006 will be amended from 1st January 2014. Some changes will have effect from 7 April 2014.
The changes will significantly affect family members of British citizens, relying on the so called “Surinder Singh” route, allowing British citizens who have worked in another EEA country to benefit from the more generous provisions of EU law on the residence rights for family members – spouse, children, and parents.
The amended Regulations will include the new requirement that the British citizen sponsor will need to demonstrate that his or her “centre of life” has transferred to the EEA state where he or she resided as a worker or self-employed person. Factors relevant to assessment of whether the centre of life has been thus “transferred” will include:
· The period of residence in the EEA State;
· The location of the sponsor’s principal residence;
· The degree of integration of the British citizen in the EEA State.
The Regulations will include new provisions for “verification of the right of residence” by the Secretary of State, where there are reasonable grounds to doubt continuing right of residence. The Secretary of State may invite the person in question, as well as their family members, to an interview, or request documentary evidence confirming continuous exercise of free movement rights.