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For information only - Right to reside

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 5 months ago #115286 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
For information only - Right to reside was created by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
As office is closed, thought members may be interested in this Decision Makers Memo 27/13.

A2 NATIONALS – ENDING OF RESTRICTION ON RIGHT TO RESIDE.

Regulations restricting the right of Bulgarian and Romanian nationals (“A2 nationals”) to work in the UK cease to apply from 1.1.14. This change is given effect by the Immigration (European Economic Area) (Amendment) (No. 2) Regs 20131 (“the Imm (EEA) Amnd No. 2 regs”). Subject to the transitional rules described below this means that, from 1.1.14, A2 nationals will have the same EU rights to reside in the UK as any other EEA national.

Note
: restrictions continue to apply to Croatian nationals (see Memo DMG 15/13)

The Imm (EEA) Amend regs also make some other changes. One of these concerns family members of British Citizens. This change is dealt with in paragraphs 10 to 15 below. There are other changes concerning jobseekers and unemployed persons who retain worker status. Guidance on these changes will be given in a separate DMG Memo.

BULGARIANS AND ROMANIANS - ENDING OF RESTRICTIONS
Effect on JSA(IB)

With effect from 1.1.14, A2 nationals can be jobseekers (see DMG 071231). This means that, for the purpose of JSA(IB) they have a right to reside if they are seeking work1. DMs are reminded however that JSA(IB) claimants with a right to reside as jobseekers must be actually habitually resident in the UK (see DMG 071340 et seq).

1 JSA Regs, reg 85A(2) & (3); Imm (EEA) Regs, reg 6(1)(a)

See Memo DMG 27/13

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