On 21 November 2017, the Home Office published an update on it’s policy guidance relating to EEA decisions on grounds of public policy and public security which was initially published on 1 February 2017 when the EEA Regulations 2006 were replaced by the EEA Regulations 2016. Some of the key updates to the Home Office Policy guidance for EEA decisions on the grounds of public policy and public security include clarifications to certain sections as well as the addition of others, which we will outline below.
What are EEA decisions on grounds of Public Policy and Public Security?
EEA nationals who fail to meet the good character requirement due to criminality or by a marriage, civil partnership or durable partnership of convenience can have their free movement rights restricted or revoked under the EEA Regulations 2016. EEA decisions which are made on the grounds of public policy and public security are discretionary and must be proportionate in that the safety and interest of the public outweighs the rights of the individual.
The Home Office Policy Guidance update applies to EEA nationals, non-EEA national family members of EEA nationals, extended family members who can confirm their right of residence in the UK and individuals who have a derivative right of residence in the UK under Regulation 8 of the EEA Regulations 2016 which replaces the conducive to the public good test.
EEA decisions on grounds of Public Policy and Public Security Update
The Home Office has updated its Policy Guidance for EEA decisions on the grounds of public policy and public security relating to a number of matters, of which we will briefly mention below:
The Home Office Policy Guidance update on EEA decisions on the grounds of public policy and public security gives clarification on how to consider the status of child dependants as to whether the dependent child is an EEA national who has their own right of residence or if the child dependant is a non-EEA national who has retained rights of residence. Careful consideration must be given as to whether the child dependant is solely dependent on the individual whose free movement rights have been restricted on the grounds of public policy and public safety and if so, the child dependant may be subject to administrative removal.
Liability to deportation and appeal rights
The Home Office Policy Guidance update on EEA decisions on the grounds of public policy and public security amends the requirements relating to liability to deportation in that the individual will be notified in writing and given the opportunity to make representations as to why they should not be deported.
Individuals will be given appeal rights under the EEA Regulations 2016 if the public policy decision was made on or after 1 February 2017. However, if the public policy decision was made before 1 February 2017, then the appeal will be considered under the previous EEA Regulations 2006.
Individuals deported under the Immigration Acts who have subsequently acquired EEA rights
Individuals who have previously been deported from the UK under the Immigration Act 1971 or Borders Act 2007 will be considered under the EEA Regulations 2016 if they had been deported prior to their country of nationality becoming an EU member state, where the individual is a non-EEA national who has subsequently been granted citizenship of another EEA country or if the individual has become the family member of an EEA national.
It is important that individuals are aware that a deportation order is still valid regardless if the individual has since acquired EEA rights. In order for the deportation order to be revoked, the individual must make an out of country written request to the Secretary of State requesting to have the deportation order revoked on the basis of their new EEA rights.
Restrictions on work and EEA Residence Applications
The Home Office Policy Guidance update for EEA decisions on the grounds of public policy and public security has introduced a section relating to the decision to impose a restriction on work, residency or reporting which can only be made after a decision has been taken to remove an individual from the UK on public policy and public security grounds. Careful consideration must be given to ensure that the removal of the right to work will not have an adverse impact on the individual’s long term physical and mental health.
If an individual wishes to make an EEA Residence application but are subject to a deportation order, they must ensure that the deportation order is revoked by making an out of country application. Any EEA Residence applications which are submitted whilst the deportation order is valid will automatically be deemed invalid.
Please find the full updated Home Office Policy Guidance on EEA decisions on grounds of Public Policy and Public Security here: eea-decisions-on-grounds-of-public-policy-and-public-security-2.0 LEXVISA Solicitors and Barristers London
Using Legal Representation for applications against EEA decisions on grounds of Public Policy and Public Security
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit an application against EEA decisions on grounds of Public Policy and Public Security.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your application succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your application meets the Immigration Rules.
Successful applications against EEA decisions on grounds of Public Policy and Public Security
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your visa and immigration application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation of your immigration and visa application and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. We are minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to successful immigration applications. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation.
Contact our London immigration solicitors on 02071830570 or complete our contact form.