Transitional Protection - EEA Regulations

Transitional protection 

November 2016 saw some significant changes being made to the EEA regulations, with more detail on the genuine and residence test, and requiring the British citizen sponsor to show they remain a qualified person.

However, as there was some transitional protection afforded to those who had made an application for a Residence Card, or had been issued with one, before 1 January 2014 (among other things), there continues to be transitional protection for those who:

• had a right of permanent residence in the UK on 31 December 2013
• had a right of residence in the UK on 31 December 2013 and either
• held a valid registration certificate or residence card or EEA family permit issued under the 2006 regulations
• had made an application under the 2006 regulations for a registration certificate or residence card or EEA family permit which had not yet been determined
• had made an application under the 2006 regulations for a registration certificate or residence card which had been refused and in relation to which an appeal under regulation 26 could be brought whilst the appellant was in the UK (excluding out-of-time appeals) or an appeal was pending 

If nothing happens such that it would trigger the end of this transitional protection, then for those with transitional protection, the genuine residence test (akin to the Centre of Life test brought in from 1 January 2014) is assumed to be satisfied.  

There is also some protection for those who were issued with a residence card before 25 November 2016, such that the British citizen sponsor is assumed to be a qualifed person until that date but will need to show their activity, and possibly that they've taken out Comprehensive Sickness Insurance for their family member(s), since that date.  The requirement for the British citizen to show they are a qualified person in their own country is in breach of case law, however this is how UK is currently processing applications.

It is worth reading the guidance on Free movement rights: family members of British citizens on this yourselves to understand what evidence you will need to collate and submit.  Do read the whole document although the elements picked out above are at pages 28-30.