The Immigration (European Economic Area) (Amendment) Regulations 2012

New regulation 15B (continuation of right of residence)

10.  After regulation 15A insert—

“15B.    Continuation of a right of residence

(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 (within the meaning of section 104 of the 2002 Act).

(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(a) a relevant decision is withdrawn by the Secretary of State; or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 (within the meaning of section 104 of the 2002 Act).

(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(a) a relevant decision is withdrawn by the Secretary of State; or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 (within the meaning of section 104 of the 2002 Act).

(5) A “relevant decision” for the purpose of this regulation means a decision pursuant to regulation 19(3)(b), 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.”.