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

Regulation 11 (right of admission to the United Kingdom)

4.  In regulation 11—

(a) in paragraph (2)—

(i) after “a family member who has retained a right of residence” insert “, a person who meets the criteria in paragraph (5)”;

(ii) in subparagraph (b) after “a residence card” insert “, a derivative residence card”;

(b) in paragraph (3) after “a residence card” insert “, a derivative residence card”;

(c) in paragraph (4)—

(i) in subparagraph (b) after “join him in the United Kingdom;” omit “or”; and

(ii) after subparagraph (b) insert—

“(ba) a person who meets the criteria in paragraph (5); or”; and

(d) renumber and reorder paragraph (5) as paragraph (8) and after paragraph (4) insert—

“(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 United 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 person there.

(6) Paragraph (7) applies where—

(a) a person (“P”) seeks admission to the United Kingdom in reliance on paragraph (5)(b) or (c); 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 paragraph (5)(b) or (c) 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 regulation 15A(2) or (4) as a joint primary carer and seeks admission to the United Kingdom in order to reside there again on the same basis.”.