The Immigration (European Economic Area) Regulations 2016,[1] or EEA Regulations 2016 for short, constituted the law that implemented the right of free movement of European Economic Area (EEA) nationals and their family members in the United Kingdom.
The regulations were repealed by the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 on 31 December 2020, at the end of the transition period.
Every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect.
If action by the Community should prove necessary to attain this objective and this Treaty has not provided the necessary powers, the Council may adopt provisions with a view to facilitating the exercise of the rights referred to in paragraph 1.
For example, in Gerardo Ruiz Zambrano v Office national de l’emploi (ONEm),[13][14] the CJEU held that the non-EEA carer of a child who is a Union Citizen would derive rights of residence from the treaty directly and it would therefore be unlawful to refuse a residence card to that carer if "such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen".
British regulations stated specific criteria for extended family members, including unmarried and same-sex partners.
[16] EU Free movement rights did not generally apply to family members of British citizens when they are resident in the United Kingdom: this is known as the "wholly internal rule".
[17] For example, applications for 2.5-year leave to remain as a spouse under the Immigration Rules were in excess of £1000 for a 2.5 year period, with an additional NHS surcharge of £250; the applicant must have passed an English language test; the sponsor needed to show a minimum income requirement of around £18,000 per annum; and there was no access to public funds like unemployment benefits.