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The Immigration (European Economic Area) Regulations 2016

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  • Sch. 7 para. 1(4) inserted by S.I. 2019/1383 reg. 2(13)(a) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • Sch. 7 para. 1(4) inserted by S.I. 2019/745 reg. 43(14)(a)
  • reg. 15A inserted by S.I. 2019/1383 reg. 2(6) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • reg. 27A inserted by S.I. 2019/1383 reg. 2(9) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
  • reg. 27A inserted by S.I. 2019/745 reg. 43(9)
  • reg. 36(6)(c)(ii)(aa) words inserted by S.I. 2019/1383 reg. 2(11)(b) (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)

Procedure for applications for documentation under this Part and regulation 12

This section has no associated Explanatory Memorandum

21.—(1) An application for documentation under this Part, or for an EEA family permit under regulation 12, must be made—

(a)online, submitted electronically using the relevant pages of www.gov.uk; or

(b)by post or in person, using the relevant application form specified by the Secretary of State on www.gov.uk.

(2) All applications must—

(a)be accompanied F1... by the evidence or proof required by this Part or regulation 12, as the case may be, as well as that required by paragraph [F2(5)], within the time specified by the Secretary of State on www.gov.uk; and

(b)be complete.

(3) An application for a residence card or a derivative residence card must be submitted while the applicant is in the United Kingdom.

(4) When an application is submitted otherwise than in accordance with the requirements in this regulation, it is invalid [F3and must be rejected].

[F4(4A) An application for documentation under this Part, or for an EEA family permit under regulation 12, is invalid where the person making the application is subject to a removal decision made under regulation 23(6)(b), a deportation order made under regulation 32(3) or an exclusion order made under regulation 23(5).]

(5) Where an application for documentation under this Part is made by a person who is not an EEA national on the basis that the person is or was the family member of an EEA national or an extended family member of an EEA national, the application must be accompanied F5... by a valid national identity card or passport in the name of that EEA national.

(6) Where—

(a)there are circumstances beyond the control of an applicant for documentation under this Part; and

(b)as a result, the applicant is unable to comply with the requirements to submit an application online or using the application form specified by the Secretary of State,

the Secretary of State may accept an application submitted by post or in person which does not use the relevant application form specified by the Secretary of State.

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