Changes to rights of EU citizens and family members

United Kingdom

On 30 April 2006 new rights for EU citizens and their family members come into effect in the UK. These rights come into force in the midst of changes to the UK immigration system as a whole.

The new rights derive from EU Directive 2004/38, which merges the previous rules and extends the rights of EU citizens and family members of any nationality (EU and third country) to move and reside within the 25 member States of the Union. The Directive was the catalyst for several of the recent changes announced to the UK immigration system as the UK Government has sought to bring various non-EU related provisions into line with rules applying in other European countries. For example, from 30 April 2006 persons in various employment-related UK immigration categories will need to have resided continuously in the UK for 5 years (increased from 4 years) in order to be able to apply for permanent residence in the UK. This equals the 5-year period that will be required for EU citizens and their family members from 30 April 2006.

For more information on the wider changes to the UK immigration system, click here to view our Law-Now on the proposed new points based system for migration.