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The Immigration (European Economic Area) Regulations 2006
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- UK Statutory Instruments
- 2006 No. 1003
- PART 2
- Regulation 15B
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[F1Continuation of a right of residence
This section has no associated Explanatory Memorandum
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 F2 ....
(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(a)a relevant decision is withdrawn by the Secretary of State; or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 F3 ....
(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(a)a relevant decision is withdrawn by the Secretary of State; or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 F4 ....
(5) A “relevant decision” for the purpose of this regulation means a decision pursuant to regulation [F519(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.]
[F6(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.]
Textual Amendments
F1 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)
F2Words 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)
F3Words in reg. 15B(3)(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)
F4Words 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)
F5Words 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
F6Reg. 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)
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