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The Immigration (European Economic Area) Regulations 2006

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PART 2 EEA RIGHTS

Right of admission to the United Kingdom

11.—(1)  An EEA national must be admitted to the United Kingdom if he produces on arrival a valid national identity card or passport issued by an EEA State.

[F1(2)  A person who is not an EEA national must be admitted to the United Kingdom if he is—

(a) a family member of an EEA national and produces on arrival a valid passport and a qualifying EEA State residence card, provided the conditions in regulation 19(2)(a) (non- EEA family member to be accompanying or joining EEA national in the United Kingdom) and (b) ( EEA national must have a right to reside in the United Kingdom under these Regulations) are met; or

(b) a family member of an EEA national, a family member who has retained the right of residence, a person who meets the criteria in paragraph (5) or a person with a permanent right of residence under regulation 15 and produces on arrival—

(i)a valid passport; and

(ii) an EEA family permit, a residence card, a derivative residence card or a permanent residence card. ]

[F2(3)  An immigration officer must not place a stamp in the passport of a person admitted to the United Kingdom under this regulation who is not an EEA national if the person produces a residence card, a derivative residence card, a permanent residence card or a qualifying EEA State residence card. ]

(4) Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is—

(a) an EEA national;

(b) a family member of an EEA national with a right to accompany that national or join him in the United Kingdom; F3 ...

(c)a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15.

[F4(ba)a person who meets the criteria in paragraph (5); or]

[F5(5) A person (“P”) meets the criteria in this paragraph where—

(a)P previously resided in the United Kingdom pursuant to regulation 15A(3) and would be entitled to reside in the United Kingdom pursuant to that regulation were P in the country;

(b) P is accompanying an EEA national to, or joining an EEA national in, the United Kingdom and P would be entitled to reside in the United Kingdom pursuant to regulation 15A(2) were P and the EEA national both in the United Kingdom;

(c)P is accompanying a person (“the relevant person”) to, or joining the relevant person in, the United Kingdom and—

(i)the relevant person is residing, or has resided, in the United Kingdom pursuant to regulation 15A(3); and

(ii)P would be entitled to reside in the United Kingdom pursuant to regulation 15A(4) were P and the relevant person both in the [F6United Kingdom;]

(d)P is accompanying a person who meets the criteria in (b) or (c) (“the relevant person”) to the United Kingdom and—

(i)P and the relevant person are both—

(aa)seeking admission to the United Kingdom in reliance on this paragraph for the first time; or

(bb)returning to the United Kingdom having previously resided there pursuant to the same provisions of regulation 15A in reliance on which they now base their claim to admission; and

(ii)P would be entitled to reside in the United Kingdom pursuant to regulation 15A(5) were P and the relevant [F7person there;]

[F8(e)P is accompanying a British citizen to, or joining a British citizen in, the United Kingdom and P would be entitled to reside in the United Kingdom pursuant to regulation 15A(4A) were P and the British citizen both in the United Kingdom.]

(6) Paragraph (7) applies where—

(a)a person (“P”) seeks admission to the United Kingdom in reliance on [F9paragraph (5)(b), (c) or (e)]; and

(b)if P were in the United Kingdom, P would have a derived right of residence by virtue of regulation 15A(7)(b)(ii).

(7) Where this paragraph applies a person (“P”) will only be regarded as meeting the criteria in [F10paragraph (5)(b), (c) or (e)] where P—

(a)is accompanying the person with whom P would on admission to the United Kingdom jointly share care responsibility for the purpose of regulation 15A(7)(b)(ii); or

(b)has previously resided in the United Kingdom pursuant to [F11regulation 15A(2), (4) or (4A)] as a joint primary carer and seeks admission to the United Kingdom in order to reside there again on the same basis.]

[F12(8)] But this regulation is subject to regulations 19(1)[F13, (1A)][F14, (1AB) and (2) [F15and 23A]].

Textual Amendments

Issue of EEA family permit

12.—(1)  An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national and—

(a) the EEA national—

(i) is residing in the UK in accordance with these Regulations; or

(ii) will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; and

[F16(b) the family member will be accompanying the EEA national to the United Kingdom or joining the EEA national there. ]

[F17(1A)  An entry clearance officer must issue an EEA family permit to a person who applies and provides proof that, at the time at which he first intends to use the EEA family permit, he—

(a)would be entitled to be admitted to the United Kingdom by virtue of regulation 11(5); and

(b)will (save in the case of a person who would be entitled to be admitted to the United Kingdom by virtue of regulation 11(5)(a)) be accompanying to, or joining in, the United Kingdom any person from whom his right to be admitted to the United Kingdom under regulation 11(5) will be derived.]

[F17(1B)  An entry clearance officer must issue an EEA family permit to a family member who has retained the right of residence. ]

(2)  An entry clearance officer may issue an EEA family permit to an extended family member of an EEA national who applies for one if—

(a) the relevant EEA national satisfies the condition in paragraph (1)(a);

(b) the extended family member wishes to accompany the relevant EEA national to the United Kingdom or to join him there; and

(c) in all the circumstances, it appears to the entry clearance officer appropriate to issue the EEA family permit.

(3) Where an entry clearance officer receives an application under paragraph (2) he shall undertake an extensive examination of the personal circumstances of the applicant and if he refuses the application shall give reasons justifying the refusal unless this is contrary to the interests of national security.

(4)  An EEA family permit issued under this regulation shall be issued free of charge and as soon as possible.

(5)  But an EEA family permit shall not be issued under this regulation if the applicant or the EEA national concerned [F18 is not entitled to be admitted to the United Kingdom as a result of regulation 19(1A) or [F19(1AB) or] falls to be excluded in accordance with regulation 19(1B) ] .

[F20(6)  An EEA family permit will not be issued under this regulation to a person (“A”) who is the spouse, civil partner or durable partner of a person (“B”) where a spouse, civil partner or durable partner of A or B holds a valid EEA family permit. ]

Textual Amendments

Initial right of residence

13.—(1)  An EEA national is entitled to reside in the United Kingdom for a period not exceeding three months beginning on the date on which he is admitted to the United Kingdom provided that he holds a valid national identity card or passport issued by an EEA State.

(2)  A family member of an EEA national [F21 or a family member who has retained the right of residence who is ] residing in the United Kingdom under paragraph (1) who is not himself an EEA national is entitled to reside in the United Kingdom provided that he holds a valid passport.

[F22(3)  An EEA national or his family member who becomes an unreasonable burden on the social assistance system of the United Kingdom will cease to have a right to reside under this regulation.

(4) A person who otherwise satisfies the criteria in this regulation will not be entitled to reside in the United Kingdom under this regulation where the Secretary of State [F23or an immigration officer] has made a decision under[F24—

(a)regulation 19(3)(b), 20(1)[F25, 20A(1) or 23A]; or

(b)regulation 21B(2), where that decision was taken in the preceding twelve months.]]

Textual Amendments

Extended right of residence

14.—(1) A qualified person is entitled to reside in the United Kingdom for so long as he remains a qualified person.

(2)  A family member of a qualified person residing in the United Kingdom under paragraph (1) or of an EEA national with a permanent right of residence under regulation 15 is entitled to reside in the United Kingdom for so long as he remains the family member of the qualified person or EEA national.

(3) A family member who has retained the right of residence is entitled to reside in the United Kingdom for so long as he remains a family member who has retained the right of residence.

(4) A right to reside under this regulation is in addition to any right a person may have to reside in the United Kingdom under regulation 13 or 15.

[F26(5) A person who otherwise satisfies the criteria in this regulation will not be entitled to a right to reside in the United Kingdom under this regulation where the Secretary of State [F27or an immigration officer] has made a decision under [F28—

(a)regulation 19(3)(b), 20(1)[F29, 20A(1) or 23A]; or

(b)regulation 21B(2) (not including such a decision taken on the basis of regulation 21B(1)(a) or (b)), where that decision was taken in the preceding twelve months.]]

Textual Amendments

Permanent right of residence

15.—(1) The following persons shall acquire the right to reside in the United Kingdom permanently—

(a) an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;

(b) a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;

(c)a worker or self-employed person who has ceased activity;

(d)the family member of a worker or self-employed person who has ceased activity;

(e)a person who was the family member of a worker or self-employed person where—

(i)the worker or self-employed person has died;

(ii)the family member resided with him immediately before his death; and

(iii)the worker or self-employed person had resided continuously in the United Kingdom for at least the two years immediately before his death or the death was the result of an accident at work or an occupational disease;

(f)a person who—

(i)has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years; and

(ii)was, at the end of that period, a family member who has retained the right of residence.

[F30(1A) Residence in the United Kingdom as a result of a derivative right of residence does not constitute residence for the purpose of this regulation.]

(2) [F31The] right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.

[F32(3) A person who satisfies the criteria in this regulation will not be entitled to a permanent right to reside in the United Kingdom where the Secretary of State [F33or an immigration officer] has made a decision under[F34—

(a)regulation 19(3)(b), 20(1)[F35, 20A(1) or 23A]; or

(b)regulation 21B(2) (not including such a decision taken on the basis of regulation 21B(1)(a) or (b)), where that decision was taken in the preceding twelve months.]]

Textual Amendments

[F36Derivative right of residence

15A.—(1) A person (“P”) who is not [F37an exempt person] and who satisfies the criteria in paragraph (2), (3), (4)[F38, (4A)] or (5) of this regulation is entitled to a derivative right to reside in the United Kingdom for as long as P satisfies the relevant criteria.

(2) P satisfies the criteria in this paragraph if—

(a) P is the primary carer of an EEA national (“the relevant EEA national”); and

(b) the relevant EEA national—

(i)is under the age of 18;

(ii)is residing in the United Kingdom as a self-sufficient person; and

(iii)would be unable to remain in the United Kingdom if P were required to leave.

(3) P satisfies the criteria in this paragraph if—

(a) P is the child of an EEA national (“the EEA national parent”);

(b) P resided in the United Kingdom at a time when the EEA national parent was residing in the United Kingdom as a worker; and

(c) P is in education in the United Kingdom and was in education there at a time when the EEA national parent was in the United Kingdom.

(4) P satisfies the criteria in this paragraph if—

(a)P is the primary carer of a person meeting the criteria in paragraph (3) (“the relevant person”); and

(b)the relevant person would be unable to continue to be educated in the United Kingdom if P were required to leave.

[F39(4A) P satisfies the criteria in this paragraph if—

(a)P is the primary carer of a British citizen (“the relevant British citizen”);

(b)the relevant British citizen is residing in the United Kingdom; and

(c) the relevant British citizen would be unable to reside in the UK or in another EEA State if P were required to leave. ]

(5) P satisfies the criteria in this paragraph if—

(a)P is under the age of 18;

(b)P’s primary carer is entitled to a derivative right to reside in the United Kingdom by virtue of paragraph (2) or (4);

(c)P does not have leave to enter, or remain in, the United Kingdom; and

(d)requiring P to leave the United Kingdom would prevent P’s primary carer from residing in the United Kingdom.

(6) For the purpose of this regulation—

(a) “education” excludes nursery education; F40 ...

(b)“worker” does not include a jobseeker or a person who falls to be regarded as a worker by virtue of [F41regulation 6(2); and ]

[F42(c)“an exempt person” is a person—

(i)who has a right to reside in the United Kingdom as a result of any other provision of these Regulations;

(ii)who has a right of abode in the United Kingdom by virtue of section 2 of the 1971 Act;

(iii)to whom section 8 of the 1971 Act, or any order made under subsection (2) of that provision, applies; or

(iv)who has indefinite leave to enter or remain in the United Kingdom.]

(7) P is to be regarded as a “primary carer” of another person if

(a)P is a direct relative or a legal guardian of that person; and

(b)P—

(i)is the person who has primary responsibility for that person’s care; or

[F43(ii)shares equally the responsibility for that person’s care with one other person who is not an exempt person.]

[F44(7A) Where P is to be regarded as a primary carer of another person by virtue of paragraph (7)(b)(ii) the criteria in paragraphs (2)(b)(iii), (4)(b) and (4A)(c) shall be considered on the basis that both P and the person with whom care responsibility is shared would be required to leave the United Kingdom.]

[F44(7B) Paragraph (7A) does not apply if the person with whom care responsibility is shared acquired a derivative right to reside in the United Kingdom as a result of this regulation prior to P assuming equal care responsibility.]

(8) P will not be regarded as having responsibility for a person’s care for the purpose of paragraph (7) on the sole basis of a financial contribution towards that person’s care.

(9) A person who otherwise satisfies the criteria in paragraph (2), (3), (4)[F45, (4A)] or (5) will not be entitled to a derivative right to reside in the United Kingdom where the Secretary of State [F46or an immigration officer] has made a decision under[F47—

(a)regulation 19(3)(b), 20(1)[F48, 20A(1) or 23A]; or

(b)regulation 21B(2), where that decision was taken in the preceding twelve months.]]

Textual Amendments

[F49Continuation of a right of residence

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 F50 ....

(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 F51 ....

(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 F52 ....

(5) A “relevant decision” for the purpose of this regulation means a decision pursuant to regulation [F5319(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.]

[F54(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

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