Last week the UK government amended Regulation 9 of the Immigration (EEA) Regulations by adopting the Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013.
This means that from 1 January 2014, in order for his or her non-EEA family member to be able to acquire a right of residence in the UK, the British citizen must have ‘transferred the centre of his or her life’ to another EU member state. Under the existing regime it is sufficient for the British citizen to be able to demonstrate that they have worked in another member state (typically for around six months).
Factors that will be taken into account under the new test include the location of the main home, the degree of integration in the member state and the period of residence.
If you need legal advice on this area of law, please contact us.
