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Immigration (European Economic Area) Regulations 2006

These provisions came into force on 30th April 2006, and replace the previous regulations of 2000. They create new rights of residence and are also intended to embody a number of significant decisions made through the European courts concerning family relationships between Community nationals and third country family members.

The well-known term "EEA Family Permit" has been retained, together with some new terms to describe the various types of rights being created. An EEA national is now eligible to apply for a "registration certificate", and their third country family member is now to be issued with a "residence card".

The family relationships that qualify now include civil partnerships, a status introduced in the UK with the Civil Partnerships Act 2004. In addition, to give legislative effect to some significant decisions of the European Court of Justice, so can a divorced spouse, provided certain pre-conditions are met. Another example of giving effect to a judicial decision, is the inclusion of a specific right of residence for the third country family member of a UK national, who has been residing in another Member state with them before returning here.

The right to permanent residence has been increased to 5 years to make the provisions regarding EEA nationals co-extensive with the general position for all foreign nationals (brought in at the beginning of April).

There is an initial right of residence for 3 months on entry to the UK, but this is not conditional on exercise of what used to be known as a "Treaty right", only that the Community national or their family member does not become an unreasonable burden on the social assistance system.