The 36 Group

This Practice Note examines the rights of entry and residence vested in other family members, as defined under Article 3(2) of Directive 2004/38/EC.

This Practice Note examines the definitions of the two categories of family member who do not have an automatic right to accompany or join an EEA national in the UK (those in a ‘durable relationship’ with an EEA national and ‘other family members’ of an EEA national). In the Immigration (European Economic Area) Regulations 2016, these two categories are joined together as 'extended family members'. The Practice Note also looks at the definition of dependency in EU free movement law, and considers the obligations on the UK as to the entry and residence of extended family members.

This Practice Note examines the permitted grounds in EU law for the exclusion and expulsion of European Economic Area (EEA) nationals and their family members. It covers non-exercise of treaty rights, abuse of rights or fraud, and the public policy, public security and public health grounds. It also looks at the position in relation to durable partners/other family members and persons with a derivative right of residence.

This Practice Note looks at the conditions which govern whether non-EEA national family members are able to retain their right of residence under EU law where the relevant EEA national has died, left the UK or they have divorced. It also discusses the new type of residence right—the 'derivative right of residence'—which are included in the Immigration (European Economic Area) Regulations 2016 to give effect to several decisions of the Court of Justice (Chen, Zambrano, Ibrahim and Teixeira).

This Practice Note looks at EU and domestic case law on the circumstances where European Economic Area (EEA) nationals and their family members may be excluded from entry or expelled from the UK. Aspects covered include the impact of imprisonment on protection and rights, the definitions of serious grounds of public policy or public security and imperative grounds of public security, and the relevance of rehabilitation and proportionality.