Exclusion and Removal of EEA Nationals
The power to exclude a person from the UK is currently exercised by the Home Office/Home Secretary. Exclusion prohibits a person entering the UK if their presence in the UK is deemed not to be conducive to the public good or their circumstances are no longer met.
Reasons for Exclusion or Removal from the UK
If the EEA national is No Longer a Qualified Person under EEA Regulations 2006 or
if they entered the UK as EEA national while exercising treaty rights under UK Immigration Law (e.g. student, worker, self-sufficient person, self-employed or a family member) but later lost their status, then the EEA national may be excluded from the United Kingdom.
Under Regulations of Directive of 2004, European Union citizens can move freely throughout the EU. The Exclusion also apply to those with historic rights to be here that have now lapsed, their dependents and former of EEA nationals with recent decisions of the European Court.
Loss of EEA Rights
Under regulation 19(1B) of the EEA Regulations 2006, as amended, the Secretary of State can make an exclusion order against an EEA national or their family members on the grounds of public policy, public security or public health.
An exclusion order can be made against a person who is outside the UK, seeking to come in as a family member as well. The effect of the order prohibits the person’s admission to the UK. The exclusion remains in place until it is revoked by the Home Secretary.
Right of Appeal
Exclusion is not an immigration decision, as defined by section 82 of the Nationality, Immigration and Asylum Act 2002, and does not have a right of appeal. EEA decisions made after 1st April 2003 attract a right of appeal, however this is a complex area of law & specialist advice should be sought to clarify the national’s legal position.