Amendment of regulation 12
6. In regulation 12 (persons treated as not being in Great Britain)—
(a)in paragraph (4)—
(i)in sub-paragraph (a), omit “or Article 6 of Council Directive 2004/38/EC”;
(ii)omit sub-paragraph (ab);
(iii)in sub-paragraph (b)—
(aa)for “15A(1)” substitute “16”;
(bb)for “(4A)” substitute “(5)”;
(cc)omit the words from “or Article 20” to the end;
(b)after paragraph (4) insert—
“(4A) For the purposes of paragraph (3), a right to reside does not include a right which exists by virtue of a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971(1) by virtue of—
(a)article 3 (grant of leave to EEA and Swiss nationals) of the Immigration (European Economic Area Nationals) (EU Exit) Order 2019(2) made under section 3A of that Act;
(b)Appendix EU to the immigration rules made under section 3(2) of that Act; or
(c)being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act.”;
(c)in paragraph (5)—
(i)after sub-paragraph (h), insert “or”;
(ii)at the end of sub-paragraph (ha), omit “or”;
(iii)omit sub-paragraph (i);
(d)in paragraph (8), in the definition of “EEA Regulations” for “2006” substitute “2016(3)”.
S.I. 2016/1052; relevant amending instruments are S.I. 2018/801, 2019/468, 2019/745 and 2019/1383.