The Immigration (European Economic Area) Regulations 2006

PART 3 RESIDENCE DOCUMENTATION

Issue of registration certificate

16.—(1) The Secretary of State must issue a registration certificate to a qualified person immediately on application and production of—

(a) a valid identity card or passport issued by an EEA State;

(b) proof that he is a qualified person.

(2) In the case of a worker, confirmation of the worker's engagement from his employer or a certificate of employment is sufficient proof for the purposes of paragraph (1)(b).

(3)  The Secretary of State must issue a registration certificate to an EEA national who is the family member of a qualified person or of an EEA national with a permanent right of residence under regulation 15 immediately on application and production of—

(a) a valid identity card or passport issued by an EEA State; and

(b) proof that the applicant is such a family member.

(4)  The Secretary of State must issue a registration certificate to an EEA national who is a family member who has retained the right of residence on application and production of—

(a) a valid identity card or passport; and

(b) proof that the applicant is a family member who has retained the right of residence.

(5)  The Secretary of State may issue a registration certificate to an extended family member not falling within regulation 7(3) who is an EEA national on application if—

(a) the relevant EEA national in relation to the extended family member is a qualified person or an EEA national with a permanent right of residence under regulation 15; and

(b) in all the circumstances it appears to the Secretary of State appropriate to issue the registration certificate.

(6) Where the Secretary of State receives an application under paragraph (5) he shall undertake an extensive examination of the personal circumstances of the applicant and if he refuses the application shall give reasons justifying the refusal unless this is contrary to the interests of national security.

(7)  A registration certificate issued under this regulation shall state the name and address of the person registering and the date of registration F1 ....

[F2 (8) But this regulation is subject to regulations 7A(6) and 20(1).]

Textual Amendments

F1 Words in reg. 16(7) omitted (1.7.2013) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2013 (S.I. 2013/1391) , regs. 1 , 2(a)

F2 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

Issue of residence card

17.—(1)  The Secretary of State must issue a residence card to a person who is not an EEA national and is the family member of a qualified person or of an EEA national with a permanent right of residence under regulation 15 on application and production of—

(a) a valid passport; and

(b) proof that the applicant is such a family member.

(2)  The Secretary of State must issue a residence card to a person who is not an EEA national but who is a family member who has retained the right of residence on application and production of—

(a) a valid passport; and

(b) proof that the applicant is a family member who has retained the right of residence.

(3) On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State shall immediately issue the applicant with a certificate of application for the residence card and the residence card shall be issued no later than six months after the date on which the application and documents are received.

(4)  The Secretary of State may issue a residence card to an extended family member not falling within regulation 7(3) who is not an EEA national on application if—

(a) the relevant EEA national in relation to the extended family member is a qualified person or an EEA national with a permanent right of residence under regulation 15; and

(b) in all the circumstances it appears to the Secretary of State appropriate to issue the residence card.

(5) Where the Secretary of State receives an application under paragraph (4) he shall undertake an extensive examination of the personal circumstances of the applicant and if he refuses the application shall give reasons justifying the refusal unless this is contrary to the interests of national security.

(6)  A residence card issued under this regulation may take the form of a stamp in the applicant's passport and shall be F3 ... valid for—

(a) five years from the date of issue; or

(b) in the case of a residence card issued to the family member or extended family member of a qualified person, the envisaged period of residence in the United Kingdom of the qualified person,

whichever is the shorter.

[F4 (6A)  A residence card issued under this regulation shall be entitled “Residence card of a family member of an EEA national” or “Residence card of a family member who has retained the right of residence”, as the case may be. ]

F5 ( 7 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) But this regulation is subject to [F6 regulations 20(1) and (1A)].

Textual Amendments

F3 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)

F4 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)

F5 Reg. 17(7) omitted (1.7.2013) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2013 (S.I. 2013/1391) , regs. 1 , 2(b)

F6 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)

Modifications etc. (not altering text)

C1 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))

Issue of a document certifying permanent residence and a permanent residence card

18.—(1)  The Secretary of State must issue an EEA national with a permanent right of residence under regulation 15 with a document certifying permanent residence as soon as possible after an application for such a document and proof that the EEA national has such a right is submitted to the Secretary of State.

(2)  The Secretary of State must issue a person who is not an EEA national who has a permanent right of residence under regulation 15 with a permanent residence card no later than six months after the date on which an application for a permanent residence card and proof that the person has such a right is submitted to the Secretary of State.

(3)  Subject to paragraph (5) F7 ..., a permanent residence card shall be valid for ten years from the date of issue and must be renewed on application.

F8 ( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A document certifying permanent residence and a permanent residence card shall cease to be valid if the holder ceases to have a right of permanent residence under regulation 15.

[F9 (6) But this regulation is subject to regulation 20.]

Textual Amendments

F7 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)

F8 Reg. 18(4) omitted (1.7.2013) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2013 (S.I. 2013/1391) , regs. 1 , 2(c)

F9 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)

18A.    [F10 Issue of a derivative residence card

(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 F11 ...as soon as practicable.

(5) But this regulation is subject to regulations 20(1) and 20(1A).]

Textual Amendments

F10 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)

F11 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)