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8.—(1) Any period of time during which an EEA national (“P”) resided in the United Kingdom in accordance with the conditions listed in sub-paragraphs (2) or (3) is to be taken into account for the purpose of calculating periods of residence in the United Kingdom in accordance with these Regulations.
(2) The condition in this paragraph is that P resided in, or was treated as though having resided in, the United Kingdom in accordance with—
(a)the Immigration (European Economic Area) Regulations 2000(1); or
(b)the 2006 Regulations.
(3) The condition in this paragraph is that P resided in the United Kingdom in circumstances where—
(a)P was a national of a State which at that time was not an EEA State;
(b)P had leave to enter or remain in the United Kingdom under the 1971 Act for the duration of P’s residence; and
(c)P would have been residing in the United Kingdom in accordance with these Regulations, had P’s State of origin been an EEA State at that time, and had these Regulations been in force.
(4) Any period during which P resided in the United Kingdom in circumstances which met the conditions in sub-paragraph (2) or (3) is not to be taken into account for the purposes of sub-paragraph (1) where that residence was followed by a period of at least two continuous years during which—
(a)P was absent from the United Kingdom; or
(b)P’s residence in the United Kingdom—
(i)did not meet the conditions in sub-paragraph (2) or (3); or
(ii)was not otherwise in accordance with these Regulations.
S.I. 2000/2326, amended by S.I. 2001/865, 2003/549, 3188, 2005/47 and 671.
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