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

Regulation 2 (general interpretation)

1.  In regulation 2(1)—

(a) in the appropriate places insert—

““derivative residence card” means a card issued to a person, in accordance with regulation 18A, as proof of the holder’s derivative right to reside in the United Kingdom as at the date of issue;”; and

““durable partner” does not include the durable partner (“D”) of a person (“P”) where a spouse, civil partner or durable partner of D or P is already present in the United Kingdom and where that marriage, civil partnership or durable partnership is subsisting;”;

(b) for the definition of “civil partner” substitute—

““civil partner” does not include—

(a)

a party to a civil partnership of convenience; or

(b)

the civil partner (“C”) of a person (“P”) where a spouse, civil partner or durable partner of C or P is already present in the United Kingdom;”;

(c) for the definition of “EEA decision” substitute—

““EEA decision” means a decision under these Regulations that concerns—

(a)

a person’s entitlement to be admitted to the United Kingdom;

(b)

a person’s entitlement to be issued with or have renewed, or not to have revoked, a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card;

(c)

a person’s removal from the United Kingdom; or

(d)

the cancellation, pursuant to regulation 20A, of a person’s right to reside in the United Kingdom;”;

(d) in the definition of “EEA national” after “a national of an EEA State” insert “who is not also a United Kingdom national”; and

(e) for the definition of “spouse” substitute—

““spouse” does not include—

(a)

a party to a marriage of convenience; or

(b)

the spouse (“S”) of a person (“P”) where a spouse, civil partner or durable partner of S or P is already present in the United Kingdom;”.