The Immigration (European Economic Area) (Amendment) Regulations 2005

Citation and commencement

1.  These Regulations may be cited as the Immigration (European Economic Area) (Amendment) Regulations 2005 and shall come into force on 7th February 2005.

Amendment of Immigration (European Economic Area) Regulations 2000

2.—(1) The Immigration (European Economic Area) Regulations 2000(1) (“the 2000 Regulations”) are amended as follows.

(2) For regulation 11(2)(b) there is substituted –

“(b) the family member of the United Kingdom national is lawfully resident in an EEA State;”.

(3) In regulation 13(1)(b)(i), for “a year” there is substituted “six months”.

(4) After regulation 13(2), there is inserted –

“(3) Paragraph (1) also does not apply if the applicant applies for a family permit in an EEA State and is not lawfully resident in any EEA State.”.

(5) Regulation 30(3)(a) is omitted.

Transitional provision

3.—(1) Where an application is made by the family member of a United Kingdom national for a family permit under regulation 13 of the 2000 Regulations or for a residence document under regulation 15 of the 2000 Regulations, regulation 2(2) has effect only in relation to applications made after these Regulations come into force.

(2) Regulation 2(3) and (4) have effect only in relation to an application for a family permit made under regulation 13 of the 2000 Regulations after these Regulations come into force.

(3) Regulation 2(5) has effect only in relation to a person who appeals under regulation 29 of the 2000 Regulations after these Regulations come into force.

Des Browne

Home Office

11th January 2005