First part of the question:
No, it's not possible, because you can only use the Games on your SD Card on the Device you bought them. If you want to Play 'em on your new 3DS XL you have to download them again in the eShop -> FW-Update! But it's not that bad i guess, because you can Play the (downloaded) 'backups' on your 3DS XL!
Second part of the question:
We still don't know how the Region Free Update is gonna work, so no one's able to answer, except the Gateway Team!
danke für die info. Many thanks to everyone for the information provided. Well thats a problem I have to find a way out. I will still keep my classic 3DS , The problem I wish I could play my non retail games and my digital games downloaded from the eshop without updating. I have Fire Emblem Awakening , Animal Crossing New Leaf, Mario & DK Minis on the moves, Crimson Shroud, liberation maiden and a bunch of arcade and classic games that I paid for it, since most of this content does not have retail copies my other doubt is... will gateway be capable of playing non retail roms like Crimson Shroud and Liberation Maiden?