Exemption from HRT – EEA family members

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    I have just spotted a hidden subtlety in the list of exemptions and I think I need to amend the HBINFO course notes to reflect it.

    For those who already have the notes, the affected passage is at paragraph 4.3.4 where HB Reg 10(3B)(d) is mentioned. The Regs says:

    “a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive” – “that directive” meaning 2004/38/EC.

    Family members listed in Article 2 are spouses, civil partners and direct ascendants/descendants. The more distant relatives and shacked up partners are in Article 3 of the Directive. Therefore it is not strictly correct for the notes to say that the exemption applies to all family members as defined in 3.2 of the course pack – exemption from the HRT only applies to the closer relatives under Article 2 of the Directive.

    I probably also need to make a small addition to section 4.5 of the notes, because extended family and cohabiting partners form another group of people who may have the right to reside without being exempt, which means they must also pass the HRT proper (appreciable period and settled intention to remain).

    So if you have the course pack already, you might want to scribble some margin notes in the above sections.

    Sorry about that.

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