The Immigration (European Economic Area) Regulations 2006

“Worker”, “self-employed person”, “self-sufficient person” and “student”

4.—(1) In these Regulations —

(a) “worker” means a worker within the meaning of [F1 Article 39 of the Treaty establishing the European Community[F1 Article 45 of the Treaty on the Functioning of the European Union]] M1 ;

(b) “self-employed person” means a person who establishes himself in order to pursue activity as a self-employed person in accordance with Article [F2 43 of the Treaty establishing the European Community[F2 Article 49 of the Treaty on the Functioning of the European Union]];

(c) “self-sufficient person” means a person who has—

(i) sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence; and

(ii) comprehensive sickness insurance cover in the United Kingdom;

(d) “student” means a person who—

[F3 (i) is enrolled, for the principal purpose of following a course of study (including vocational training), at a public or private establishment which is—

(aa) financed from public funds; or

(bb) otherwise recognised by the Secretary of State as an establishment which has been accredited for the purpose of providing such courses or training within the law or administrative practice of the part of the United Kingdom in which the establishment is located;]

(ii) has comprehensive sickness insurance cover in the United Kingdom; and

(iii) assures the Secretary of State, by means of a declaration, or by such equivalent means as the person may choose, that he has sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence.

(2) For the purposes of paragraph (1)(c) [F4 or (d)], where family members of the person concerned reside in the United Kingdom and their right to reside is dependent upon their being family members of that person—

(a) the requirement for that person to have sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence shall only be satisfied if his resources and those of the family members are sufficient to avoid him and the family members becoming such a burden;

(b) the requirement for that person to have comprehensive sickness insurance cover in the United Kingdom shall only be satisfied if he and his family members have such cover.

F5 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (4) For the purposes of paragraphs (1)(c) and (d) and [F7 paragraph (2)], the resources of the person concerned and, where applicable, any family members, are to be regarded as sufficient if —

(a) they exceed the maximum level of resources which a [F8 British citizen] and his family members may possess if he is to become eligible for social assistance under the United Kingdom benefit system; or

(b) paragraph (a) does not apply but, taking into account the personal situation of the person concerned and, where applicable, any family members, it appears to the decision maker that the resources of the person or persons concerned should be regarded as sufficient.]

[F9 (5) For the purpose of regulation 15A(2) references in this regulation to “family members” includes a “primary carer” as defined in regulation 15A(7).]

Textual Amendments

F1 Words in reg. 4(1)(a) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809) , art. 2(1) , Sch. Pt. 2 (with art. 2(2) )

F2 Words in reg. 4(1)(b) substituted (1.8.2012) by The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012 (S.I. 2012/1809) , art. 2(1) , Sch. Pt. 2 (with art. 2(2) )

F3 Reg. 4(1)(d)(i) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547) , reg. 2(1) , Sch. 1 para. 2(a) (with Sch. 3 )

F4 Words in reg. 4(2) inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 2(a)

F5 Reg. 4(3) omitted (6.4.2015) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 2(b)

F6 Reg. 4(4) substituted (2.6.2011) by The Immigration (European Economic Area) (Amendment) Regulations 2011 (S.I. 2011/1247) , regs. 1(1) , 2(2)

F7 Words in reg. 4(4) substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 2(c)

F8 Words in reg. 4(4)(a) substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560) , reg. 1 , Sch. para. 7(2)

F9 Reg. 4(5) inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547) , reg. 2(1) , Sch. 1 para. 2(b) (with Sch. 3 )

Marginal Citations

M1 OJ No. C325, 24.12.02, p. 51.