The Immigration (European Economic Area) Regulations 2006 have recently been updated. The main changes are as follows:

  • from 16 October 2012, nationals of an EEA state who also hold British citizenship will no longer fall into the definition of an EEA national and will no longer be able to rely on the provisions of the EEA   regulations. This is likely to impact these dual nationals' non-EEA family members who will no   longer be able to rely on the EEA free movement regulations and will need to apply under the   immigration rules in order to enter and/or stay in the UK. Exemptions do apply for those who are   already residing in the UK or who have submitted their applications under the EEA regulations prior   to 16 July 2012;
  • a new category has been created called ‘derivative residence’ which incorporates the ruling in the European Court of Justice case of Chen [2004] EUECJ C-200/02 into the regulations. This allows a   non-EEA national primary carer of a self-sufficient EEA national under 18 to have the right of   residence in the UK if that EEA national’s stay in the UK is dependent upon it. Likewise, non-EEA   children of EEA nationals will also have a derived right of residence. This category cannot lead to   settlement.

For further details of the amendments and other changes, please click here.