The Immigration (European Economic Area) Regulations 2006
[^key-7e554048b1d2945dfff6040f84aaf5b3]: Words in reg. 10(8) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547) , reg. 2(1) , Sch. 1 para. 3(d) (with Sch. 3 )
[^key-7e82b3a7c2c2bd05f4e55e79125543f8]: Reg. 26(3)(b)(i)(ia) inserted (7.4.2014) by virtue of The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(2), Sch. 1 para. 22
[^key-7f1c8111d2f133e16669917f06011879]: Words in reg. 15A(9) substituted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 11
[^key-80e36fe15bb04648eca926f8f8ba6db9]: Words in reg. 8(2)(a) omitted (8.11.2012) by virtue of The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560) , reg. 1 , Sch. para. 1
[^key-81aceefb50fe3c974dbf93ea87782be3]: Reg. 27(3) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 21(d) (with Sch. 3)
[^key-824272a1b0f63fd63c92de5034f0427e]: Words in reg. 2(1) inserted (1.5.2011) by The Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential Provisions) Regulations 2011 (S.I. 2011/544), regs. 1(1), 5, Sch. 2 para. 1
[^key-83bb7b2d6a9a5b9a98ebc253c58475a6]: Words in reg. 2(1) inserted (16.10.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(2), Sch. 1 para. 1(a) (with Sch. 3)
[^key-84179cfc246c0b4cf96f731b9e5b56fc]: Words in reg. 2(1) inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 1(a)
[^key-8509db80334dd0b0b6c1b8c5f8ec4f45]: Words in reg. 20(1A) inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 8(a)
[^key-855ffc7b71395009102ed58c41d807df]: Reg. 11(5)-(7) inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 4(d) (with Sch. 3)
[^key-85a68bc6cd0083af66ae5795fd83392e]: Reg. 17(6A) inserted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 4(b)
[^key-861353c9c94da1b562d3609490972b89]: Reg. 20B inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032) , reg. 2(1) , Sch. 1 para. 16
[^key-87e97ac7cdbb8c50a9e51cd4ed7e540a]: Reg. 4(4) substituted (2.6.2011) by The Immigration (European Economic Area) (Amendment) Regulations 2011 (S.I. 2011/1247) , regs. 1(1) , 2(2)
[^key-89f1cd447667f6df05b159c031ddea57]: Reg. 7A inserted (1.5.2011) by The Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential Provisions) Regulations 2011 (S.I. 2011/544), regs. 1(1), 5, Sch. 2 para. 4
[^key-8b394d331d1fd5dc17cb16006e662186]: Reg. 29(4A) inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 7(c) (with reg. 4)
[^key-8ca7a3220589e1083694ba2922a712e3]: Words in Sch. 2 para. 1(4)(c) substituted (1.7.2013) by The Accession of Croatia (Immigration and Worker Authorisation) Regulations2013 (S.I. 2013/1460) , reg. 1(1) , Sch. para. 2(c) (with reg. 11(8) )
[^key-8e4d55b0aa906ae0ea3049ca04e48998]: Reg. 27(2)(c) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 21(c) (with Sch. 3)
[^key-8e6052b68395c7cd2a9e4cd5492aa03f]: Words in reg. 17(8) substituted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 4(c)
[^key-8fa609c1072fe063338bf0ed201dc9da]: Reg. 6(2)(ba) inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032) , reg. 2(1) , Sch. 1 para. 3(c)
[^key-903eaae18c9f71df72d8d979a118c183]: Reg. 6(2A) inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032) , reg. 2(1) , Sch. 1 para. 3(d)
[^key-914310e8b33799d55618d6ad6c25dd2c]: Words in reg. 15B(5) substituted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 12
[^key-917fe26dceb52af848510915b90f4876]: Words in reg. 24A(4) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547) , reg. 2(1) , Sch. 1 para. 18 (with Sch. 3 )
[^key-929f7496c775a5b61afd1ed7e5585806]: Words in Sch. 2 para. 3 inserted (7.4.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(2), Sch. 1 para. 25(a)
[^key-932b6d0a8cdc98985b45a02e641164b5]: Words in reg. 20(1A) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 12 (with Sch. 3)
[^key-934cdb8238784a33a2577aba9318dc9c]: Reg. 24A inserted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117) , reg. 1 , Sch. 1 para. 11
[^key-93b11860106329c247466fcca5ac63ad]: Reg. 29AA inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 8 (with reg. 4)
[^key-9473af02dc04c9c18bf5146cacbcca89]: Reg. 21A inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547) , reg. 2(1) , Sch. 1 para. 14 (with Sch. 3 )
[^key-965363e57f98e54e534da1c3f6972edd]: Sch. 1 para. 1: Sch. 1 renumbered as Sch. 1 para. 1 (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21) , art. 1 , Sch. 2 para. 26(a) (with Sch. 4 para. 1 )
[^key-969bc8d7ecdb384750e8a11bef6662e7]: Words in reg. 12(5) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 5(b) (with Sch. 3)
[^key-96e0dbfbfabbae670f75ee719cdef150]: Words in reg. 17(6) omitted (1.6.2009) by virtue of Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 4(a)
[^key-978a68e7417aadf8c8cec3e701bf27d5]: Words in reg. 23(2) inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 16 (with Sch. 3)
[^key-97ebea872ef3bab5c9de704d94995a4b]: Reg. 15B inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 10 (with Sch. 3)
[^key-9907721a28450defd4df67057b04c54a]: Words in reg. 5(7) substituted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 2
[^key-9a9e99a97a4e08295f9fc5a5862ffcc1]: Words in reg. 21A(2)(a) inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560) , reg. 1 , Sch. para. 4
[^key-9b80a4f281de646fe277be2d403c282e]: Words in reg. 24(2) inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 21
[^key-9bfc99ae3da99e0843aa307af2e3e921]: Words in Sch. 2 para. 4(2) inserted (1.1.2007) by Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317), reg. 1(1), Sch. 2 para. 2(2)(b)(i)
[^key-9cf4d2d267cf50dfcb4515aaac7758a9]: Words in reg. 27(2) substituted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 12(b)(i)
[^key-9d098e738abae44e97d64f19b3d9706d]: Words in Sch. 2 para. 1(2) inserted (1.1.2007) by Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317), reg. 1(1), Sch. 2 para. 2(2)(a)(i)
[^key-9d9c8389d63118d36409b1fb9b4d6039]: Words in reg. 10(3)(b) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547) , reg. 2(1) , Sch. 1 para. 3(d) (with Sch. 3 )
[^key-9f59a823af96e6c50ee44d0f44ba827c]: Words in Sch. 1 para. 1 substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 15 (with reg. 6)
[^key-9ffb17d15989c4677ca21ea9c64d2c6a]: Words in reg. 2(1) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 1(c) (with Sch. 3)
[^key-a039a6637194bcaafeed9cb6c5c3dd5e]: Words in reg. 10(3)(a)(i) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547) , reg. 2(1) , Sch. 1 para. 3(e) (with Sch. 3 )
[^key-a16217e48fe7ffda677aa62d897b2578]: Reg. 18A inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 11 (with Sch. 3)
[^key-a21bfdeca55fbc3b9d21291cb3ccb79c]: Words in reg. 5(7) substituted (1.5.2011) by The Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential Provisions) Regulations 2011 (S.I. 2011/544) , regs. 1(1) , 5 , Sch. 2 para. 2
[^key-a2b866689acb15bc2fc741d3f8241dea]: Reg. 10(5)(a) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547) , reg. 2(1) , Sch. 1 para. 3(b) (with Sch. 3 )
[^key-a496b6cd21bc3e39e0d340b812f9a57f]: Words in reg. 15(3) inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 6(a)
[^key-a5d85d26ae76a8262ddd01f240a14a7f]: Words in reg. 18(3) omitted (1.6.2009) by virtue of Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117) , reg. 1 , Sch. 1 para. 5(a)
[^key-aad860e3db0089c7baae6d3424813875]: Words in reg. 2(1) inserted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 1(a)(ii)
[^key-ab08b566a1ce91a8f4f5ff9cd2609144]: Words in reg. 13(2) inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 6(a) (with Sch. 3)
[^key-ababc41fe1f0c96460e17e329688566b]: Reg. 6(2)(b) substituted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032) , reg. 2(1) , Sch. 1 para. 3(b) (with Sch. 3 para. 1 )
[^key-aebf86ee6865b49820b2481ed61d80c0]: Reg. 15(3) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 8(c) (with Sch. 3)
[^key-afdaffe9888f288368df228aea68b1dd]: Words in Sch. 2 para. 4(1)(a) inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 25(b)
[^key-b2399ae655010850a9cdbffbdf36b8ad]: Reg. 15A(6)(c) inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(c)(ii)
[^key-b24088dcdc56ad69dd12bf5b4cace5bb]: Word in reg. 22(1)(b) inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 5(b) (with reg. 4)
[^key-b254df76ba908492bc3db5a9b26813c2]: Words in Sch. 1 omitted (15.2.2010) by virtue of The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21) , art. 1 , Sch. 2 para. 26(c) (with Sch. 4 para. 1 )
[^key-b2a6b65d56d90c45072b97be7a2fbd24]: Reg. 24(1) substituted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 10(a)
[^key-b3edaeeac246cb353865a6345da42500]: Reg. 11(4)(ba) inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 4(c)(ii) (with Sch. 3)
[^key-b3ffb2012db5781def44d9ff7e9f7b8f]: Sch. 5 para. 7 revoked (1.5.2011) by The Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential Provisions) Regulations 2011 (S.I. 2011/544) , regs. 1(1) , 4 , Sch. 1
[^key-b46057fe1519b0506d672780392ed2d2]: Words in reg. 24(1) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 17(a) (with Sch. 3)
[^key-b51c24656bc766ce96c231c5c651ea51]: Words in reg. 26(3)(a) omitted (8.11.2012) by virtue of The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 5(c)
[^key-b5936bc22a8f65525fbf34f66503f8e7]: Words in Sch. 2 para. 3 inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 23 (with Sch. 3)
[^key-b8f42bdccfed817be7aba00c2ded49fe]: Words in reg. 4(1)(b) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809) , art. 2(1) , Sch. Pt. 2 (with art. 2(2) )
[^key-ba46ab0f7e7d263b2e9635e1309d5a8b]: Reg. 24(7) inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 17(b) (with Sch. 3)
[^key-bdb3dccdbf88da8e0bf1231d5b2dd267]: Reg. 16(8) substituted (1.5.2011) by The Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential Provisions) Regulations 2011 (S.I. 2011/544) , regs. 1(1) , 5 , Sch. 2 para. 5
[^key-c00f8396b9aaf1d807ab9cc33bd5da43]: Words in reg. 14(5)(a) substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 5(b)
[^key-c036aa08bbf2b8deee033525a85411c8]: Words in reg. 15A(6)(b) substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(c)(ii)
[^key-c085f19b75dbc02e315a06e10f511abd]: Reg. 26(8) inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 12 (with reg. 6)
[^key-c11395d13d4f796d76e88faca092abff]: Words in reg. 14(5) substituted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 9
[^key-c187246e661a07b46cd790d371db982d]: Words in reg. 20(3) inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 14(b)
[^key-c51fe327781c974211c5332b038de9d5]: Words in reg. 20(2) inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 14(b)
[^key-c63c9b83c42afe00f06fc6dc53a51054]: Sch. 1 para. 2 inserted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21) , art. 1 , Sch. 2 para. 26(d) (with Sch. 4 para. 1 )
[^key-c74edabb20dd8664487821763e7d65df]: Words in reg. 15B(2)(b) omitted (28.7.2014) by virtue of The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 3(a) (with reg. 4)
[^key-c78141a065f9f1a2df9b7a4d8a25a99b]: Reg. 27(2)(3) omitted (6.4.2015) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 13(d) (with reg. 6)
[^key-c86948806810af6e29f4a807066b2740]: Reg. 29A inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 6
[^key-c8c96ad97065c5fb7b3cb819b6f13ff8]: Words in Sch. 2 para. 4(2) inserted (1.7.2013) by The Accession of Croatia (Immigration and Worker Authorisation) Regulations2013 (S.I. 2013/1460), reg. 1(1), Sch. para. 3(b) (with reg. 11(8))
[^key-ca0da2b6e15db28ddb157e1574483bc1]: Words in reg. 15B(4)(b) omitted (28.7.2014) by virtue of The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 3(a) (with reg. 4)
[^key-cca7b9a61af55430dcf732f84b86d684]: Words in reg. 15A(1) inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(a)(ii)
[^key-cfe7320317f7c76c987dad23a10a1f33]: Words in reg. 20A(2)(b) inserted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 15(a)
[^key-d20f69057247adae1d8637e326c535d5]: Reg. 15A(4A) inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(b)
[^key-d4583dfc715a28b75f1229cfc48c9d66]: Reg. 18(6) inserted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117) , reg. 1 , Sch. 1 para. 5(b)
[^key-d8ebd9ae9a83d7c716fa8d7026087d48]: Word in Sch. 2 para. 4(9) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 24(b) (with Sch. 3)
[^key-d98bc96c81786f6f5323f3e058599723]: Words in Sch. 1 substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21) , art. 1 , Sch. 2 para. 26(b) (with Sch. 4 para. 1 )
[^key-db11370bca10af84c13d42fdabab75ed]: Reg. 6 modified (temp from 1.7.2013 to 30.6.2018) (1.7.2013) by The Accession of Croatia (Immigration and Worker Authorisation) Regulations2013 (S.I. 2013/1460), reg. 1(1) (2) 7(1) (with reg. 11(8) )
[^key-dc3dec9ed71cb80630328d422cab0ff6]: Reg. 24AA inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 6 (with reg. 4)
[^key-de36ad02c29c6093e3f22b35eadae4c0]: Words in Sch. 2 para. 4(9) inserted (1.1.2007) by Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317), reg. 1(1), Sch. 2 para. 2(2)(c)
[^key-de6d7f827e9b1d1a1a8899669dbc4fa8]: Words in reg. 27(1)(b) inserted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 12(a)(ii)
[^key-dfee1e72840a3482401d9b86476289c5]: Words in reg. 2(1) substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 1(b)(i)
[^key-e0645c76c845468fb3d1ff86f788c493]: Words in reg. 28(6) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21) , art. 1 , Sch. 2 para. 24 (with Sch. 4 para. 1 )
[^key-e08ef2e1968b932bac80de55fba4db97]: Reg. 20(1A) inserted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 7(a)
[^key-e163289e813c0ca404bb8b5ec47b9d44]: Words in reg. 25(1) deleted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 19(a) (with Sch. 3)
[^key-e2faf9f346eccff692b9bd44b0616f55]: Words in reg. 2(1) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 1(e) (with Sch. 3)
[^key-e5f0d475a5d11657d17192deddb51011]: Words in reg. 11(8) substituted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 6(c)
[^key-e6aef84e75c786ac0f80aadcdd79bda5]: Words in reg. 26(3A) inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 5(d)
[^key-e98a002f4ac2eff61d8a398f25b70197]: Words in reg. 11(7) substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 2(c)
[^key-ea06d669c6964f9572d19afb3d0957bd]: Regs. 7A 7B continue (with modifications) (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), reg. 1(2)(b), Sch. 4 para. 2
[^key-eafb6cdc85385904e61108fddd3a321c]: Words in reg. 19(1A) inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 4 (with reg. 4)
[^key-ebb52180d7cd01a677c6c7fac1a2d77c]: Reg. 15A(7)(b)(ii) substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(d)
[^key-ec7e84fdbd0c735e87c1dbf6ff1af72b]: Words in reg. 13(4) substituted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 8
[^key-ec8bab1ae3498276d45f58dac1cd2b80]: Reg. 6(4)-(7) substituted for reg. 6(4) (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032) , reg. 2(1) , Sch. 1 para. 3(e)
[^key-ece7d2c33f9dbeba97107f9258fee208]: Reg. 17(6) excluded by SI 2013/460 reg. 7(7)(a) (as inserted (6.4.2014) by The Accession of Croatia (Immigration and Worker Authorisation) (Amendment) Regulations 2014 (S.I. 2014/530), regs. 1(2), 2(5)(c))
[^key-ee0669664840483054e3828677215158]: Words in reg. 29(1) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21) , art. 1 , Sch. 2 para. 25 (with Sch. 4 para. 1 )
[^key-ee6fe998cdbaf6792c07d043970d8047]: Reg. 11(2) substituted (7.4.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(2), Sch. 1 para. 6(a)
[^key-f09fde77a32543dc8c30db45556724fa]: Word in reg. 2(1) omitted (28.7.2014) by virtue of The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 1(b) (with reg. 4)
[^key-f0d542710539a112d3e53c1f38954060]: Reg. 15B(6)(7) inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 3(b) (with reg. 4)
[^key-f154dfc9843d064fea9bed8a74db571e]: Word in reg. 6(8)(b) substituted (10.11.2014) by The Immigration (European Economic Area) (Amendment) (No. 3) Regulations 2014 (S.I. 2014/2761), regs. 1, 3(2) (with reg. 4)
[^key-f1da1401add30a5f8ddc2d6a92dff4b8]: Words in reg. 29(3) inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 7(b) (with reg. 4)
[^key-f2800b207b47b71b6e9776f682957dde]: Reg. 6(2) excluded (1.7.2013) by The Accession of Croatia (Immigration and Worker Authorisation) Regulations2013 (S.I. 2013/1460) , regs. 1(1) , 5(2) (with reg. 11(8) )
[^key-f2df5e19965cc8664c88b18313928e6f]: Words in reg. 27(2) substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 13(c)(i)
[^key-f34b18304a3e9be1480606bc613b1753]: Words in reg. 18A(4) omitted (1.7.2013) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2013 (S.I. 2013/1391) , regs. 1 , 2(d)
[^key-f48062c142d80baae0282fd403dc30f9]: Reg. 4(3) omitted (6.4.2015) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 2(b)
[^key-f4d99ebe22fda6a0b1e0c7dbdb3654fe]: Words in reg. 13(4) inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 4(a)
[^key-f528b2e9677bbc9477be3636873b7c7f]: Words in reg. 21(7)(a) substituted (26.7.2010) by The Health and Social Care Act 2008 (Consequential Amendments) (Wales) Order 2010 (S.I. 2010/1593) , arts. 1(1) , 3 , Sch. para. 4
[^key-f8df5adaaa2dc3c84e12668107872353]: Words in Sch. 2 para. 3 inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 9 (with reg. 4)
[^key-f9353759d6b7c3a56534b0eede081d94]: Words in reg. 26(6)(7) substituted (15.2.2010) by The Transfer of Functions of the Asylum and Immigration Tribunal Order 2010 (S.I. 2010/21), art. 1, Sch. 2 para. 23 (with Sch. 4 para. 1)
[^key-f9fa0da6de9dab6acf960bef751f119f]: Reg. 4(5) inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547) , reg. 2(1) , Sch. 1 para. 2(b) (with Sch. 3 )
[^key-f9fcd8948ef576afe71b400024201290]: Reg. 15A(7A)(7B) inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(e)
[^key-fd9bf135e39b1a5c8080aa4e66e1142d]: Reg. 10(2)(a) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547) , reg. 2(1) , Sch. 1 para. 3(a) (with Sch. 3 )
[^key-fdb7fddfb658d0bd79a4dbf43e247c62]: Words in reg. 15(3)(a) substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 6(b)
[^key-fdbf5d3042b0b92c8180d9e4de28eb99]: Reg. 22(1)(a) substituted (7.4.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(2), Sch. 1 para. 19(a)
[^key-fec43f20db148e22dcf313b621eff8c3]: Reg. 11(5)(e) inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 2(b)
[^key-fff30108ea496efad4343490717cc1f7]: Words in reg. 6(2) substituted (1.5.2011) by The Accession (Immigration and Worker Registration) (Revocation, Savings and Consequential Provisions) Regulations 2011 (S.I. 2011/544) , regs. 1(1) , 5 , Sch. 2 para. 3
[^M_F_18498f90-c49c-4d83-e327-b73bf3a2dcf7]: Words in reg. 9 substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 7(2)
[^M_F_1af64496-c090-4108-a3ed-c952c7e7e9ca]: Words in reg. 9 substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 7(2)
[^M_F_2c090b9d-d8e7-4c1a-a8c3-47e7d195ba72]: Words in reg. 9 substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 7(2)
[^M_F_4e2937eb-cf6a-4818-ed29-d54f91b82816]: Words in reg. 2(1) inserted (16.10.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(2), Sch. 1 para. 1(d) (with Sch. 3)
[^M_F_65e37b9e-2e12-4e96-9b06-c0b51be46ece]: Reg. 9 (as inserted 25.11.2016) omitted (1.2.2017) by The Immigration (European Economic Area) Regulations 2016, S.I. 2016/1052, reg. 1(2)(b), 46
[^M_F_6e56cae0-8351-4a5e-9fe9-a4f39d5a225d]: Words in reg. 9 substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 7(2)
[^M_F_8a33657a-05b7-41e2-c25d-24f496135489]: Words in reg. 9 substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 7(2)
[^M_F_a4c89b3a-908f-42db-eae3-7149244aa097]: Reg. 9 substituted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 5 (with Sch. 3 para. 2)
[^M_F_afa88dff-5d53-415c-8bc9-c47a03dde531]: Words in reg. 9 substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 7(2)
[^M_F_d0405d96-0cad-40aa-9916-5c8d6cb6a3f3]: Word in reg. 22(2) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 2(5); S.I. 2014/1820, art. 3(y)
[^M_F_d89c45f0-2c0a-48a1-fb42-c92268b165fd]: Words in reg. 9 substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 7(2)
[^M_F_e5ca7efe-d4ed-434e-c449-474b44ed621a]: Words in reg. 2(1) substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 7(2)
Revocation of deportation and exclusion orders
24A
- (1) A deportation or exclusion order shall remain in force unless it is revoked by the Secretary of State under this regulation.
- (2) A person who is subject to a deportation or exclusion order may apply to the Secretary of State to have it revoked if the person considers that there has been a material change in the circumstances that justified the making of the order.
- (3) An application under paragraph (2) shall set out the material change in circumstances relied upon by the applicant and may only be made whilst the applicant is outside the United Kingdom.
- (4) On receipt of an application under paragraph (2), the Secretary of State shall revoke the order if the Secretary of State considers that the criteria for making such an order are no longer satisfied.
- (5) The Secretary of State shall take a decision on an application under paragraph (2) no later than six months after the date on which the application is received.
Effect of appeals to the First-tier Tribunal or Upper Tribunal
1
The following provisions of, or made under, the 2002 Act have effect in relation to an appeal under these Regulations to the First-tier Tribunal as if it were an appeal against an immigration decision under section 82(1) of that Act:
section 84(1) , except paragraphs (a) and (f); sections 85 to 87;
- against a decision of the Secretary of State under section 82(1) of the 2002 Act (right of appeal to the Tribunal)— section 84 (grounds of appeal), as though the sole permitted ground of appeal were that the decision breaches the appellant’s rights under the EU Treaties in respect of entry to or residence in the United Kingdom (“an EU ground of appeal”);
- section 85 (matters to be considered), as though— the references to a statement under section 120 of the 2002 Act include, but are not limited to, a statement under that section as applied by paragraph 4 of Schedule 2 to these Regulations; and a “matter” in subsection (2) and a “new matter” in subsection (6) include a ground of appeal of a kind listed in section 84 of the 2002 Act and an EU ground of appeal;
- section 86 (determination of appeal);
2
Tribunal Procedure Rules have effect in relation to appeals under these Regulations.
Application of the Accession Regulations
7A
- (1) This regulation applies to an EEA national who was an accession State worker requiring registration on 30th April 2011 (‘an accession worker’).
- (2) In this regulation—
- “accession State worker requiring registration” has the same meaning as in regulation 1(2)(d) of the Accession Regulations;
- “legally working” has the same meaning as in regulation 2(7) of the Accession Regulations.
- (3) In regulation 5(7)(c), where the worker is an accession worker, periods of involuntary unemployment duly recorded by the relevant employment office shall be treated only as periods of activity as a worker—
- (a) during any period in which regulation 5(4) of the Accession Regulations applied to that person; or
- (b) when the unemployment began on or after 1st May 2011.
- (4) Regulation 6(2) applies to an accession worker where he—
- (a) was a person to whom regulation 5(4) of the Accession Regulations applied on 30th April 2011; or
- (b) became unable to work, became unemployed or ceased to work, as the case maybe, on or after 1st May 2011.
- (5) For the purposes of regulation 15, an accession worker shall be treated as having resided in accordance with these Regulations during any period before 1st May 2011 in which the accession worker—
- (a) was legally working in the United Kingdom; or
- (b) was a person to whom regulation 5(4) of the Accession Regulations applied.
- (6) Subject to paragraph (7), a registration certificate issued to an accession worker under regulation 8 of the Accession Regulations shall, from 1st May 2011, be treated as if it was a registration certificate issued under these Regulations where the accession worker was legally working in the United Kingdom for the employer specified in that certificate on—
- (a) 30th April 2011; or
- (b) the date on which the certificate is issued where it is issued after 30th April 2011.
- (7) Paragraph (6) does not apply—
- (a) if the Secretary of State issues a registration certificate in accordance with regulation 16 to an accession worker on or after 1st May 2011; and
- (b) from the date of registration stated on that certificate.
“Extended family member”
Family members of United Kingdom nationals
“Family member who has retained the right of residence”
Derivative right of residence
15A
- (1) A person (“P”) who is not an exempt person and who satisfies the criteria in paragraph (2), (3), (4), (4A) or (5) of this regulation is entitled to a derivative right to reside in the United Kingdom for as long as P satisfies the relevant criteria.
- (2) P satisfies the criteria in this paragraph if—
- (a) P is the primary carer of an EEA national (“the relevant EEA national”); and
- (b) the relevant EEA national—
- (i) is under the age of 18;
- (ii) is residing in the United Kingdom as a self-sufficient person; and
- (iii) would be unable to remain in the United Kingdom if P were required to leave.
- (3) P satisfies the criteria in this paragraph if—
- (a) P is the child of an EEA national (“the EEA national parent”);
- (b) P resided in the United Kingdom at a time when the EEA national parent was residing in the United Kingdom as a worker; and
- (c) P is in education in the United Kingdom and was in education there at a time when the EEA national parent was in the United Kingdom.
- (4) P satisfies the criteria in this paragraph if—
- (a) P is the primary carer of a person meeting the criteria in paragraph (3) (“the relevant person”); and
- (b) the relevant person would be unable to continue to be educated in the United Kingdom if P were required to leave.
- (4A) P satisfies the criteria in this paragraph if—
- (a) P is the primary carer of a British citizen (“the relevant British citizen”);
- (b) the relevant British citizen is residing in the United Kingdom; and
- (c) the relevant British citizen would be unable to reside in the UK or in another EEA State if P were required to leave.
- (5) P satisfies the criteria in this paragraph if—
- (a) P is under the age of 18;
- (b) P’s primary carer is entitled to a derivative right to reside in the United Kingdom by virtue of paragraph (2) or (4);
- (c) P does not have leave to enter, or remain in, the United Kingdom; and
- (d) requiring P to leave the United Kingdom would prevent P’s primary carer from residing in the United Kingdom.
- (6) For the purpose of this regulation—
- (a) “education” excludes nursery education; ...
- (b) “worker” does not include a jobseeker or a person who falls to be regarded as a worker by virtue of regulation 6(2); and
- (c) “an exempt person” is a person—
- (i) who has a right to reside in the United Kingdom as a result of any other provision of these Regulations;
- (ii) who has a right of abode in the United Kingdom by virtue of section 2 of the 1971 Act;
- (iii) to whom section 8 of the 1971 Act, or any order made under subsection (2) of that provision, applies; or
- (iv) who has indefinite leave to enter or remain in the United Kingdom.
- (7) P is to be regarded as a “primary carer” of another person if
- (a) P is a direct relative or a legal guardian of that person; and
- (b) P—
- (i) is the person who has primary responsibility for that person’s care; or
- (ii) shares equally the responsibility for that person’s care with one other person who is not an exempt person.
- (7A) Where P is to be regarded as a primary carer of another person by virtue of paragraph (7)(b)(ii) the criteria in paragraphs (2)(b)(iii), (4)(b) and (4A)(c) shall be considered on the basis that both P and the person with whom care responsibility is shared would be required to leave the United Kingdom.
- (7B) Paragraph (7A) does not apply if the person with whom care responsibility is shared acquired a derivative right to reside in the United Kingdom as a result of this regulation prior to P assuming equal care responsibility.
- (8) P will not be regarded as having responsibility for a person’s care for the purpose of paragraph (7) on the sole basis of a financial contribution towards that person’s care.
- (9) A person who otherwise satisfies the criteria in paragraph (2), (3), (4), (4A) or (5) will not be entitled to a derivative right to reside in the United Kingdom where the Secretary of State or an immigration officer has made a decision under—
- (a) regulation 19(3)(b), 20(1), 20A(1) or 23A; or
- (b) regulation 21B(2), where that decision was taken in the preceding twelve months.
Continuation of a right of residence
15B
- (1) This regulation applies during any period in which, but for the effect of regulation 13(4), 14(5), 15(3) or 15A(9), a person (“P”) who is in the United Kingdom would be entitled to reside here pursuant to these Regulations.
- (2) Where this regulation applies, any right of residence will (notwithstanding the effect of regulation 13(4), 14(5), 15(3) or 15A(9)) be deemed to continue during any period in which—
- (a) an appeal under regulation 26 could be brought, while P is in the United Kingdom, against a relevant decision (ignoring any possibility of an appeal out of time with permission); or
- (b) an appeal under regulation 26 against a relevant decision, brought while P is in the United Kingdom, is pending ....
- (3) Periods during which residence pursuant to regulation 14 is deemed to continue as a result of paragraph (2) will not constitute residence for the purpose of regulation 15 unless and until—
- (a) a relevant decision is withdrawn by the Secretary of State; or
- (b) an appeal against a relevant decision is allowed and that appeal is finally determined ....
- (4) Periods during which residence is deemed to continue as a result of paragraph (2) will not constitute residence for the purpose of regulation 21(4)(a) unless and until—
- (a) a relevant decision is withdrawn by the Secretary of State; or
- (b) an appeal against a relevant decision is allowed and that appeal is finally determined ....
- (5) A “relevant decision” for the purpose of this regulation means a decision pursuant to regulation 19(3)(b) or (c), 20(1) or 20A(1) which would, but for the effect of paragraph (2), prevent P from residing in the United Kingdom pursuant to these Regulations.
- (6) This regulation does not affect the ability of the Secretary of State to give directions for P’s removal while an appeal is pending or before it is finally determined.
- (7) In this regulation, “pending” and “finally determined” have the meanings given in section 104 of the 2002 Act.
Issue of a derivative residence card
18A
- (1) The Secretary of State must issue a person with a derivative residence card on application and on production of—
- (a) a valid identity card issued by an EEA State or a valid passport; and
- (b) proof that the applicant has a derivative right of residence under regulation 15A.
- (2) On receipt of an application under paragraph (1) the Secretary of State must issue the applicant with a certificate of application as soon as possible.
- (3) A derivative residence card issued under paragraph (1) may take the form of a stamp in the applicant’s passport and will be valid until—
- (a) a date five years from the date of issue; or
- (b) any other date specified by the Secretary of State when issuing the derivative residence card.
- (4) A derivative residence card issued under paragraph (1) must be issued ...as soon as practicable.
- (5) But this regulation is subject to regulations 20(1) and 20(1A).
Cancellation of a right of residence
20A
- (1) Where the conditions in paragraph (2) are met the Secretary of State may cancel a person’s right to reside in the United Kingdom pursuant to these Regulations.
- (2) The conditions in this paragraph are met where—
- (a) a person has a right to reside in the United Kingdom as a result of these Regulations;
- (b) the Secretary of State has decided that the cancellation of that person’s right to reside in the United Kingdom is justified on grounds of public policy, public security or public health in accordance with regulation 21 or on grounds of abuse of rights in accordance with regulation 21B(2);
- (c) the circumstances are such that the Secretary of State cannot make a decision under regulation 20(1); and
- (d) it is not possible for the Secretary of State to remove the person from the United Kingdom pursuant to regulation 19(3)(b) or (c).
Decisions taken on public policy, public security and public health grounds
Application of Part 4 to persons with a derivative right of residence
21A
- (1) Where this regulation applies Part 4 of these Regulations applies subject to the modifications listed in paragraph (3).
- (2) This regulation applies where a person—
- (a) would, notwithstanding Part 4 of these Regulations, have a right to be admitted to, or reside in, the United Kingdom by virtue of a derivative right of residence arising under regulation 15A(2), (4), (4A) or (5);
- (b) holds a derivative residence card; or
- (c) has applied for a derivative residence card.
- (3) Where this regulation applies Part 4 applies in relation to the matters listed in paragraph (2) as if—
- (a) references to a matter being ...justified on grounds of public policy, public security or public health in accordance with regulation 21 ... referred instead to a matter being “conducive to the public good”;
- (b) the reference in regulation 20(5)(a) to a matter being “justified on grounds of public policy, public security or public health” referred instead to a matter being “conducive to the public good”;
- (c) references to “the family member of an EEA national” referred instead to “a person with a derivative right of residence”;
- (d) references to “a registration certificate, a residence card, a document certifying permanent residence or a permanent residence card” referred instead to “a derivative residence card”;
- (e) the reference in regulation 19(1A) to a deportation or exclusion order referred also to a deportation or exclusion order made under any provision of the immigration Acts.
- (f) regulation 20(4) instead conferred on an immigration officer the power to revoke a derivative residence card where the holder is not at that time a person with a derivative right of residence; and
- (g) regulations 20(3), 20(6) and 21 were omitted.
Periods of residence prior to the entry into force of these Regulations
Family members of British citizen
Alternative evidence of identity and nationality
29A
- (1) Subject to paragraph (2), where a provision of these Regulations requires a person to hold or produce a valid identity card issued by an EEA State or a valid passport the Secretary of State may accept alternative evidence of identity and nationality where the person is unable to obtain or produce the required document due to circumstances beyond his or her control.
- (2) This regulation does not apply to regulation 11.
Application of the EU2 Regulations
7B
- (1) This regulation applies to an EEA national who was an accession State national subject to worker authorisation before 1st January 2014.
- (2) In this regulation—
- “accession State national subject to worker authorisation” has the same meaning as in regulation 2 of the EU2 Regulations ;
- “the EU2 Regulations ” means the Accession (Immigration and Worker Authorisation) Regulations 2006.
- (3) Regulation 2(12) of the EU2 Regulations (accession State national subject to worker authorisation: legally working) has effect for the purposes of this regulation as it does for regulation 2(3) and (4) of the EU2 Regulations .
- (4) In regulation 5(7)(c), where the worker is an accession State national subject to worker authorisation, periods of involuntary unemployment duly recorded by the relevant employment office must only be treated as periods of activity as a worker when the unemployment began on or after 1st January 2014.
- (5) Regulation 6(2) applies to an accession State national subject to worker authorisation where the accession State national subject to worker authorisation became unable to work, became unemployed or ceased to work, as the case may be, on or after 1st January 2014.
- (6) For the purposes of regulation 15, an accession State national subject to worker authorisation must be treated as having resided in accordance with these Regulations during any period before 1st January 2014 in which the accession State national subject to worker authorisation was legally working in the United Kingdom.
- (7) An accession worker card issued to an accession State national subject to worker authorisation under regulation 11 of the EU2 Regulations before 1st January 2014 must be treated as if it were a registration certificate issued under these Regulations so long as it has not expired .
“Extended family member”
Family members of United Kingdom nationalsFamily members of British citizens
“Family member who has retained the right of residence”
Verification of a right of residence
20B
- (1) This regulation applies when the Secretary of State—
- (a) has reasonable doubt as to whether a person (“A”) has a right to reside under regulation 14(1) or (2); or
- (b) wants to verify the eligibility of a person (“A”) to apply for documentation issued under Part 3.
- (2) The Secretary of State may invite A to—
- (a) provide evidence to support the existence of a right to reside, or to support an application for documentation under Part 3; or
- (b) attend an interview with the Secretary of State.
- (3) If A purports to be entitled to a right to reside on the basis of a relationship with another person (“B”), the Secretary of State may invite B to—
- (a) provide information about their relationship with A; or
- (b) attend an interview with the Secretary of State.
- (4) If, without good reason, A or B fail to provide the additional information requested or, on at least two occasions, fail to attend an interview if so invited, the Secretary of State may draw any factual inferences about A’s entitlement to a right to reside as appear appropriate in the circumstances.
- (5) The Secretary of State may decide following an inference under paragraph (4) that A does not have or ceases to have a right to reside.
- (6) But the Secretary of State must not decide that A does not have or ceases to have a right to reside on the sole basis that A failed to comply with this regulation.
- (7) This regulation may not be invoked systematically.
- (8) In this regulation, “a right to reside” means a right to reside under these Regulations.
Decisions taken on public policy, public security and public health grounds
Application of Part 4 to persons with a derivative right of residence
Abuse of rights or fraud
21B
- (1) The abuse of a right to reside includes—
- (a) engaging in conduct which appears to be intended to circumvent the requirement to be a qualified person;
- (b) attempting to enter the United Kingdom within 12 months of being removed pursuant to regulation 19(3)(a), where the person attempting to do so is unable to provide evidence that, upon re-entry to the United Kingdom, the conditions for any right to reside, other than the initial right of residence under regulation 13, will be met;
- (c) entering, attempting to enter or assisting another person to enter or attempt to enter, a marriage or civil partnership of convenience; or
- (d) fraudulently obtaining or attempting to obtain, or assisting another to obtain or attempt to obtain, a right to reside.
- (2) The Secretary of State may take an EEA decision on the grounds of abuse of rights where there are reasonable grounds to suspect the abuse of a right to reside and it is proportionate to do so.
- (3) Where these Regulations provide that an EEA decision taken on the grounds of abuse in the preceding twelve months affects a person’s right to reside, the person who is the subject of that decision may apply to the Secretary of State to have the effect of that decision set aside on grounds that there has been a material change in the circumstances which justified that decision.
- (4) An application under paragraph (3) may only be made whilst the applicant is outside the United Kingdom.
- (5) This regulation may not be invoked systematically.
- (6) In this regulation, “a right to reside” means a right to reside under these Regulations.
National security: EEA Decisions
28A
- (1) Section 97A of the 2002 Act applies to an appeal against an EEA decision where the Secretary of State has certified under regulation 28(2) or (4) that the EEA decision was taken in the interests of national security.
- (2) Where section 97A so applies, it has effect as if—
- (a) the references in that section to a deportation order were to an EEA decision;
- (b) subsections (1), (1A), (2)(b) and (4) were omitted;
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