The Immigration (European Economic Area) Regulations 2016

• (4) If a person to whom paragraph (2) does not apply claims to be the family member of an EEA national under regulation 7, the relative of an EEA national who is an extended family member under regulation 8, or a family member who has retained the right of residence under regulation 10, that person may not appeal under these Regulations without producing—

• (a) a valid passport; and

• (b) either—

• (i) an EEA family permit

• (ii) a qualifying EEA State residence card;

• (iii) in the case of a person claiming to be the family member of an EEA national, proof that the definition of “family member” in regulation 7(1) is met; ...

• (iv) in the case of a person claiming to be a family member who has retained the right of residence, proof that the definition of “family member who has retained the right of residence” in regulation 10(1) is met; or

• (v) in the case of a person claiming to be the relative of an EEA national who is an extended family member, proof that the definition of “extended family member” in regulation 8(1) is met.

• (5) If a person (“P”) claims to have a derivative right to reside, P may not appeal under these Regulations unless P produces a valid national identity card issued by an EEA State or a valid passport, and either—

• (a) an EEA family permit; or

• (b) where P claims to have a derivative right to reside as a result of—

• (i) regulation 16(2), proof that P is a direct relative or legal guardian of an EEA national who is under the age of 18;

• (ii) regulation 16(3), proof that P is the child of an EEA national;

• (iii) regulation 16(4), proof that P is a direct relative or legal guardian of the child of an EEA national;

• (iv) regulation 16(5), proof that P is a direct relative or legal guardian of a British citizen;

• (v) regulation 16(6), proof that P is under the age of 18 and is a dependant of a person satisfying the criteria in paragraph (i), (iii) or (iv).

• (6) If a person claims to be entitled to a right to reside under regulation 9 (family members or extended family members of British citizens), that person may not appeal without producing a valid passport and either—

• (a) an EEA family permit; or

• (b) in respect of a family member, a qualifying EEA State residence card; and

• (i) proof that the criteria to be a family member of the British citizen are met; and

• (ii) proof that the British citizen is residing, or did reside, in another EEA State as a worker, self-employed person, self-sufficient person or student.

• (c) in respect of an extended family member—

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) proof that—

• (aa) the condition in regulation 9(1A)(b) is met;

• (bb) the criteria to be an extended family member of the British citizen are met, and

• (cc) the British citizen is residing, or did reside, in another EEA State as a worker, self-employed person, self-sufficient person or a student.

• (7) The Secretary of State or an immigration officer may certify a ground for the purposes of paragraph (8) if it has been considered in a previous appeal brought under these Regulations or under section 82(1) of the 2002 Act[^f00027] .

• (8) A person may not bring an appeal under these Regulations on a ground certified under paragraph (7) or rely on such a ground in an appeal brought under these Regulations.

• (9) Except where an appeal lies to the Commission, an appeal under these Regulations lies to the First-tier Tribunal.

• (10) The provisions of, or made under, the 2002 Act referred to in Schedule 2 have effect for the purposes of an appeal under these Regulations to the First-tier Tribunal in accordance with that Schedule.

• (11) Nothing in this Part prevents a person who has a right of appeal under this regulation from appealing to the First-tier Tribunal under section 82(1) of the 2002 Act (right of appeal to the Tribunal), or, where relevant, to the Commission pursuant to section 2 of the 1997 Act (jurisdiction of the Commission: appeals)[^f00028], provided the criteria for bringing such an appeal under those Acts are met.

• (12) Where there is a requirement under this regulation to produce an EEA family permit—

• (a) where notice of appeal is given electronically, the permit may be produced either in paper or electronic form;

• (b) in all other cases, the permit must be produced in paper form.

Out of country appeals

37

• (1) Subject to paragraph (2), a person may not appeal under regulation 36 whilst in the United Kingdom against an EEA decision—

• (a) to refuse to admit that person to the United Kingdom;

• (b) to revoke that person’s admission to the United Kingdom;

• (c) to make an exclusion order against that person;

• (d) to refuse to revoke a deportation or exclusion order made against the person;

• (e) to refuse to issue the person with an EEA family permit;

• (f) to revoke, or to refuse to issue or renew any document under these Regulations where that decision is taken at a time when the person is outside the United Kingdom; or

• (g) to remove the person from the United Kingdom following entry to the United Kingdom in breach of a deportation or exclusion order, or in circumstances where that person was not entitled to be admitted pursuant to regulation 23(1), (2), (3) or (4).

• (2) Sub-paragraphs (a) to (c) of paragraph (1) do not apply where the person is in the United Kingdom and—

• (a) the person, not being a person who is deemed not to have been admitted to the United Kingdom under regulation 29(3)—

• (i) holds a valid EEA family permit, registration certificate, residence card, derivative residence card, document certifying permanent residence, permanent residence card or qualifying EEA State residence card on arrival in the United Kingdom; or

• (ii) can otherwise prove that the person is resident in the United Kingdom; or

• (b) the person is deemed not to have been admitted to the United Kingdom under regulation 29(3) but at the date on which notice of the decision to refuse admission is given the person has been in the United Kingdom for at least 3 months.

Appeals to the Commission

38

• (1) An appeal against an EEA decision lies to the Commission where paragraph (2) or (4) applies.

• (2) This paragraph applies if the Secretary of State certifies that the EEA decision was taken—

• (a) by the Secretary of State wholly or partly on a ground listed in paragraph (3); or

• (b) in accordance with a direction of the Secretary of State which identifies the person to whom the decision relates and which is given wholly or partly on a ground listed in paragraph (3).

• (3) The ground mentioned in paragraph (2) are that the person’s exclusion or removal from the United Kingdom is—

• (a) in the interests of national security; or

• (b) in the interests of the relationship between the United Kingdom and another country.

• (4) This paragraph applies if the Secretary of State certifies that the EEA decision was taken wholly or partly in reliance on information which the Secretary of State considers must not be made public—

• (a) in the interests of national security;

• (b) in the interests of the relationship between the United Kingdom and another country; or

• (c) otherwise in the public interest.

• (5) In paragraphs (2) and (4) the reference to the Secretary of State is a reference to the Secretary of State acting in person.

• (6) Where a certificate is issued under paragraph (2) or (4) in respect of a pending appeal to the First-tier Tribunal or Upper Tribunal the appeal must lapse.

• (7) An appeal against an EEA decision lies to the Commission where an appeal lapses by virtue of paragraph (6).

• (8) The 1997 Act applies to an appeal to the Commission under this regulation as it applies to an appeal under section 2 of that Act.

• (9) Where the 1997 Act applies to an appeal to the Commission under this regulation, section 2(2) of that Act is to be treated as though it applies the 2002 Act to that appeal in the form modified by Schedule 2 to these Regulations.

National Security: EEA Decisions

39

• (1) Section 97A of the 2002 Act[^f00029] applies to an appeal against an EEA decision where the Secretary of State has certified under regulation 38(2) or (4) that the EEA decision was taken in the interests of national security.

• (2) Where section 97A so applies, it has effect as if—

• (a) the references in that section to a deportation order were to an EEA decision;

• (b) subsections (1), (1A), (2)(b) and (4) were omitted;

• (c) the reference in subsection (2)(a) to section 79 were a reference to regulations 37(2) and 40 of these Regulations; and

• (d) in subsection (2A) for sub-paragraphs (a) and (b), “against an EEA decision” were substituted.

Effect of appeals to the First-tier Tribunal or Upper Tribunal

40

• (1) This regulation applies to appeals under these Regulations made to the First-tier Tribunal or Upper Tribunal.

• (2) If a person in the United Kingdom appeals against an EEA decision refusing admission to the United Kingdom (other than a decision under regulation 23(1), (2), or (5)), any directions for that person’s removal from the United Kingdom previously given by virtue of the refusal cease to have effect, except in so far as they have already been carried out, while the appeal is pending.

• (3) If a person in the United Kingdom appeals against an EEA decision concerning that person’s removal from the United Kingdom (other than a decision under regulation 23(6)(b)), any directions for removal given under section 10 of the 1999 Act or Schedule 3 to the 1971 Act are to have no effect, except in so far as they have already been carried out, while the appeal is pending.

• (4) The provisions of Part 1 of Schedule 2, or as the case may be, Schedule 3 to the 1971 Act concerning detention and persons liable to detention, apply to a person appealing against a refusal of admission, a decision to revoke admission, or a removal decision as if there were in force directions for that person’s removal from the United Kingdom, except that the person may not be detained on board a ship or aircraft so as to compel that person to leave the United Kingdom while the appeal is pending and the provisions of Schedule 10 to the 2016 Act apply accordingly.

• (5) In paragraph (4), the words “except that the person” to the end do not apply to an EEA decision to which regulation 33 applies (human rights considerations and interim orders to suspend removal).

• (6) In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for—

• (a) the giving of directions under that paragraph for the removal of a person from the United Kingdom; and

• (b) the giving of a notice of intention to give such directions,

any period during which there is an appeal pending by that person is to be disregarded (except in cases where the EEA decision was taken under regulation 23(1), (2), (5) and (6)(b).

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary admission to submit case in person

41

• (1) This regulation applies where—

• (a) a person (“P”) is subject to a decision to remove made under regulation 23(6)(b);

• (b) P has appealed against the decision referred to in sub-paragraph (a);

• (c) a date for P’s appeal has been set by the First-tier Tribunal or Upper Tribunal;

• (d) P wants to make submissions before the First-tier Tribunal or Upper Tribunal in person; and

• (e) P is outside the United Kingdom.

• (2) P may apply to the Secretary of State for permission to be temporarily admitted ... to the United Kingdom in order to make submissions in person.

• (3) The Secretary of State must grant P permission, except when P’s appearance may cause serious troubles to public policy or public security.

• (4) When determining when P is entitled to be given permission, and the duration of P’s temporary admission should permission be granted, the Secretary of State must have regard to the dates upon which P will be required to make submissions in person.

• (5) Where—

• (a) P is temporarily admitted to the United Kingdom pursuant to this regulation;

• (b) a hearing of P’s appeal has taken place; and

• (c) the appeal is not finally determined,

P may be removed from the United Kingdom pending the remaining stages of the appeal (but P may apply to return to the United Kingdom to make submissions in person during the remaining stages of the appeal in accordance with this regulation).

• (6) Where the Secretary of State grants P permission to be temporarily admitted to the United Kingdom under this regulation, upon such admission P is to be treated as if P were a person refused leave to enter under the 1971 Act for the purposes of paragraphs 8, 10, 10A, 11 and 16 to 18A of Schedule 2 to the 1971 Act and the provisions of Schedule 10 to the 2016 Act apply accordingly.

• (7) Where Schedule 2 to the 1971 Act so applies, it has effect as if—

• (a) the reference in paragraph 8(1) to leave to enter were a reference to admission to the United Kingdom under these Regulations; and

• (b) the reference in paragraph 16(1) to detention pending a decision regarding leave to enter or remain in the United Kingdom were to detention pending submission of P’s case in person in accordance with this regulation.

• (8) P is deemed not to have been admitted to the United Kingdom during any time during which P is temporarily admitted pursuant to this regulation.

• (9) For the purposes of this regulation, a person (“P”) is temporarily admitted to the United Kingdom if P is admitted on bail under Schedule 10 to the 2016 Act without having otherwise been admitted, and the expression temporary admission is to be construed accordingly.

Alternative evidence of identity and nationality

42

• (1) Subject to paragraph (2), where a provision of these Regulations requires a person to hold or produce a valid national identity card issued by an EEA State or a valid passport, the Secretary of State may accept alternative evidence of identity and nationality where the person is unable to obtain or produce the required document due to circumstances beyond the person’s control.

• (2) This regulation does not apply to regulation 11.

PART 7 — GENERAL

Effect on other legislation

43

Schedule 3 (effect on other legislation) has effect.

Substitution of regulation 9 of the 2006 Regulations

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations, savings, transitory and transitional provisions and consequential modifications

45

Schedule 4 (revocations and savings), Schedule 6 (transitional provisions) and Schedule 7 (consequential modifications) have effect.

Revocation of regulation 44 and Schedule 5

46

The following are revoked—

• (a) regulation 44;

• (b) Schedule 5.

SCHEDULE 1 — CONSIDERATIONS OF PUBLIC POLICY, PUBLIC SECURITY AND THE FUNDAMENTAL INTERESTS OF SOCIETY ETC.

Considerations of public policy and public security

1

The EU Treaties do not impose a uniform scale of public policy or public security values: member States enjoy considerable discretion, acting within the parameters set by the EU Treaties, applied where relevant by the EEA agreement, to define their own standards of public policy and public security, for purposes tailored to their individual contexts, from time to time.

Application of paragraph 1 to the United Kingdom

2

An EEA national or the family member of an EEA national having extensive familial and societal links with persons of the same nationality or language does not amount to integration in the United Kingdom; a significant degree of wider cultural and societal integration must be present before a person may be regarded as integrated in the United Kingdom.

3

Where an EEA national or the family member of an EEA national has received a custodial sentence, or is a persistent offender, the longer the sentence, or the more numerous the convictions, the greater the likelihood that the individual’s continued presence in the United Kingdom represents a genuine, present and sufficiently serious threat affecting of the fundamental interests of society.

4

Little weight is to be attached to the integration of an EEA national or the family member of an EEA national within the United Kingdom if the alleged integrating links were formed at or around the same time as—

• (a) the commission of a criminal offence;

• (b) an act otherwise affecting the fundamental interests of society;

• (c) the EEA national or family member of an EEA national was in custody.

5

The removal from the United Kingdom of an EEA national or the family member of an EEA national who is able to provide substantive evidence of not demonstrating a threat (for example, through demonstrating that the EEA national or the family member of an EEA national has successfully reformed or rehabilitated) is less likely to be proportionate.

6

It is consistent with public policy and public security requirements in the United Kingdom that EEA decisions may be taken in order to refuse, terminate or withdraw any right otherwise conferred by these Regulations in the case of abuse of rights or fraud, including—

• (a) entering, attempting to enter or assisting another person to enter or to attempt to enter, a marriage, civil partnership or durable partnership of convenience; or

• (b) fraudulently obtaining or attempting to obtain, or assisting another to obtain or to attempt to obtain, a right to reside under these Regulations.

The fundamental interests of society

7

For the purposes of these Regulations, the fundamental interests of society in the United Kingdom include—

• (a) preventing unlawful immigration and abuse of the immigration laws, and maintaining the integrity and effectiveness of the immigration control system (including under these Regulations) and of the Common Travel Area;

• (b) maintaining public order;

• (c) preventing social harm;

• (d) preventing the evasion of taxes and duties;

• (e) protecting public services;

• (f) excluding or removing an EEA national or family member of an EEA national with a conviction (including where the conduct of that person is likely to cause, or has in fact caused, public offence) and maintaining public confidence in the ability of the relevant authorities to take such action;

• (g) tackling offences likely to cause harm to society where an immediate or direct victim may be difficult to identify but where there is wider societal harm (such as offences related to the misuse of drugs or crime with a cross-border dimension as mentioned in Article 83(1) of the Treaty on the Functioning of the European Union);

• (h) combating the effects of persistent offending (particularly in relation to offences, which if taken in isolation, may otherwise be unlikely to meet the requirements of regulation 27);

• (i) protecting the rights and freedoms of others, particularly from exploitation and trafficking;

• (j) protecting the public;

• (k) acting in the best interests of a child (including where doing so entails refusing a child admission to the United Kingdom, or otherwise taking an EEA decision against a child);

• (l) countering terrorism and extremism and protecting shared values.

SCHEDULE 2 — APPEALS TO THE FIRST-TIER TRIBUNAL

1

The following provisions of, or made under, the 2002 Act have effect in relation to an appeal under these Regulations to the First-tier Tribunal as if it were an appeal against a decision of the Secretary of State under section 82(1) of the 2002 Act (right of appeal to the Tribunal)—

• section 84 (grounds of appeal)[^f00031], as though the sole permitted grounds of appeal were that the decision breaches the appellant’s rights under the EU Treaties in respect of entry to or residence in the United Kingdom (“an EU ground of appeal”);

• section 85 (matters to be considered)[^f00032], as though—the references to a statement under section 120 of the 2002 Act[^f00033] include, but are not limited to, a statement under that section as applied by paragraph 2; anda “matter” in subsection (2) and a “new matter” in subsection (6) include a ground of appeal of a kind listed in section 84 of the 2002 Act and an EU ground of appeal;

• section 86 (determination of appeal)[^f00034];

• section 105[^f00035] and any regulations made under that section; and

• section 106[^f00036] and any rules made pursuant to that section.

1A

Section 86B of the 2002 Act (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation) applies in relation to an appeal under these Regulations to the First-tier Tribunal as it applies in relation to an appeal under section 82(1) of the 2002 Act but as if for subsection (4) there were substituted—

(4) But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.

2

• (1) Section 92(3) of the 2002 Act[^f00037] has effect as though an additional basis upon which an appeal under section 82(1)(b) of that Act (human rights claim appeal) must be brought from outside the United Kingdom were that—

• (a) the claim to which that appeal relates arises from an EEA decision or the consequences of an EEA decision; and

• (b) the removal of that person from the United Kingdom has been certified under regulation 33 (human rights considerations and interim orders to suspend removal).

• (2) Section 120 of the 2002 Act applies to a person (“P”) if an EEA decision has been taken or may be taken in respect of P and, accordingly, the Secretary of State or an immigration officer may by notice require a statement from P under subsection (2) of that section, and that notice has effect for the purpose of section 96(2) of the 2002 Act[^f00038].

• (3) Where section 120 of the 2002 Act so applies, it has effect as though—

• (a) subsection (3) also provides that a statement under subsection (2) need not repeat reasons or grounds relating to the EEA decision under challenge previously advanced by P;

• (b) subsection (5) also applies where P does not have a right to reside.

• (4) For the purposes of an appeal brought under section 82(1) of the 2002 Act, subsections (2) and (6)(a) of section 85 (matters to be considered) have effect as though section 84 included a ground of appeal that the decision appealed against breaches the appellant’s right under the EU Treaties in respect of entry into or residence in the United Kingdom.

3

Tribunal Procedure Rules made under section 22 of the Tribunals, Courts and Enforcement Act 2007[^f00039] have effect in relation to appeals under these Regulations.

SCHEDULE 3 — EFFECT ON OTHER LEGISLATION

Leave under the 1971 Act

1

Where a person has leave to enter or remain under the 1971 Act which is subject to conditions and that person also has a right to reside under these Regulations, those conditions do not have effect for as long as the person has that right to reside.

Person not subject to restriction on the period for which they may remain

2

• (1) For the purposes of the 1971 Act and British Nationality Act 1981, a person who has a right of permanent residence under regulation 15 must be regarded as a person who is in the United Kingdom without being subject under the immigration laws to any restriction on the period for which the person may remain.

• (2) But a qualified person, the family member of a qualified person, a person with a derivative right to reside and a family member who has retained the right of residence must not, by virtue of that status, be so regarded for those purposes.

Carriers’ liability under the 1999 Act

3

For the purposes of satisfying a requirement to produce a visa under section 40(1)(b) of the 1999 Act (charges in respect of passenger without proper documents)[^f00040], “a visa of the required kind” includes an EEA family permit, a residence card, a derivative residence card, a qualifying EEA State residence card, or a permanent residence card required for admission under regulation 11(2), or permission to be temporarily admitted under regulation 41.

SCHEDULE 4 — REVOCATIONS AND SAVINGS

PART 1 — Table of Revocations

1

• (1) The Regulations listed in column 1 of the table are revoked.

• (2) Sub-paragraph (1) is subject to the savings and transitory provisions in Part 2 of this Schedule and the transitional provisions in Schedule 6.

(1)	(2)
Regulations revoked	References
The Immigration (European Economic Area) Regulations 2006	S.I. 2006/1003
The Immigration (European Economic Area) (Amendment) Regulations 2009	S.I. 2009/1117
The Immigration (European Economic Area) (Amendment) Regulations 2011	S.I. 2011/1247
The Immigration (European Economic Area) (Amendment) Regulations 2012	S.I. 2012/1547
The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012	S.I. 2012/2560
The Immigration (European Economic Area) (Amendment) Regulations 2013	S.I. 2013/1391
The Immigration (Economic Area Regulations) (Amendment) (No. 2) Regulations 2013	S.I. 2013/3032
The Immigration (European Economic Area) (Amendment) Regulations 2014	S.I. 2014/1451
The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2014	S.I. 2014/1976
The Immigration (European Economic Area) (Amendment) (No. 3) Regulations 2014	S.I. 2014/2761
The Immigration (European Economic Area) (Amendment) Regulations 2015	S.I. 2015/694

PART 2 — Savings and modifications

Accession member States: savings and modifications

2

• (1) Regulations 7A and 7B of the 2006 Regulations (arrangements for accession member States) continue to have effect in relation to any EEA national to whom they applied immediately before 1st February 2017.

• (2) Where regulations 7A and 7B continue to have effect—

• (a) they do so with the following modifications—

• (i) in paragraph (3) of regulation 7A and paragraph (4) of regulation 7B, as though the references to treating periods of involuntary unemployment duly recorded by the relevant employment office as periods of work for the purposes of regulation 5(7)(c) of the 2006 Regulations were to treating such periods of involuntary unemployment as periods of work for the purposes of regulation 6(2) of these Regulations; and

• (ii) as though the references to regulations 6(2) (persons who continue to be treated as a worker) and 15 (right of permanent residence) were references to those provisions in these Regulations; and

• (b) these Regulations have effect save that regulation 17 (issue of registration certificate) has effect as though, in paragraph (9), for “regulation 24” there were substituted “regulations 7A and 7B of the 2006 Regulations and regulation 24 of these Regulations”.

Appeals

3

• (1) Notwithstanding the revocation of the 2006 Regulations by paragraph 1(1), those Regulations continue to apply—

• (a) in respect of an appeal under those Regulations against an EEA decision which is pending (within the meaning of regulation 25(2) of the 2006 Regulations) on 31st January 2017;

• (b) in a case where a person has, on 31st January 2017, a right under those Regulations to appeal against an EEA decision.

• (2) For the purposes of this paragraph, “EEA decision” has the meaning given in regulation 2 of the 2006 Regulations and the definition of “EEA decision” in regulation 2 of these Regulations does not apply.

SCHEDULE 5 — TRANSITORY PROVISIONS

Substitution of regulation 9 of the 2006 Regulations

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Outstanding applications

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6 — TRANSITIONAL PROVISIONS

Interpretation

1

• (1) In this Schedule, “permission to be temporarily admitted in order to make submissions in person” means—

• (a) in relation to the 2006 Regulations, permission to be temporarily admitted under regulation 29AA(2) of the 2006 Regulations;

• (b) in relation to these Regulations, permission to be temporarily admitted under regulation 41(2).

• (2) References to documents applied for or issued under the 2006 Regulations are to those documents as defined in regulation 2(1) of the 2006 Regulations.

Existing documents

2

• (1) An EEA family permit issued under regulation 12 of the 2006 Regulations before 1st February 2017 is to be treated as an EEA family permit issued under regulation 12 of these Regulations.

• (2) Any document issued or treated as though issued under Part 3 of the 2006 Regulations is to be treated as though issued under Part 3 of these Regulations.

• (3) Nothing in this paragraph extends the validity of any document issued under the 2006 Regulations beyond that document’s original period of validity.

Verification of a right of residence

3

Where, before 1st February 2017, the Secretary of State had invited a person to provide evidence or information or to attend an interview under regulation 20B of the 2006 Regulations (verification of a right of residence), the Secretary of State’s invitation is to be treated as though made under regulation 22 of these Regulations.

Outstanding applications

4

• (1) An application for—

• (a) an EEA family permit;

• (b) a registration certificate;

• (c) a residence card;

• (d) a document certifying permanent residence;

• (e) a permanent residence card;

• (f) a derivative residence card; or

• (g) permission to be temporarily admitted in order to make submissions in person;

Removal decisions, deportation orders and exclusion orders under the 2006 Regulations

5

• (1) A decision to remove a person under regulation 19(3)(a), (b) or (c) of the 2006 Regulations must, upon the coming into force of Part 4 of these Regulations in its entirety, be treated as a decision to remove that person under regulation 23(6) (a), (b) or (c) of these Regulations, as the case may be.

• (2) A deportation order made under regulation 24(3) of the 2006 Regulations must be treated as a deportation order made under regulation 32(3) of these Regulations.

• (3) Until the coming into force of Part 4 in its entirety, a deportation order to which sub-paragraph (2) applies has effect until revoked by the Secretary of State.

• (4) An exclusion order made under regulation 19(1B) of the 2006 Regulations must, upon the coming into force of Part 4 in its entirety, be treated as though having been made under regulation 23(5) of these Regulations.

• (5) A person removed under regulation 19(3)(a) of the 2006 Regulations before 1st February 2017 is to be taken into account for the purposes of regulation 26(2).

• (6) Where sub-paragraph (5) applies to a person, regulation 26 has effect as though the references to “12” were to “36”.

Certification under regulations 24AA and 29AA of the 2006 Regulations

6

• (1) Where the Secretary of State certified under regulation 24AA of the 2006 Regulations (human rights considerations and interim orders to suspend removal) that a person’s removal from the United Kingdom would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to the Human Rights Convention), the removal of that person is to be treated as though certified under regulation 33 of these Regulations.

• (2) Where sub-paragraph (1) applies, certification treated as though given under regulation 33 does not amount to certification under that regulation for the purposes of paragraph 2(1)(b) of Schedule 2 to these Regulations (appeals to the First-tier Tribunal).

• (3) Where the Secretary of State granted a person permission to be temporarily admitted to the United Kingdom to make submissions in person under regulation 29AA of the 2006 Regulations, that permission is to be treated as though given under regulation 41 of these Regulations.

• (4) A person temporarily admitted to the United Kingdom in order to make submissions in person under regulation 29AA(6) of the 2006 Regulations is to be treated as though having been temporarily admitted under regulation 41(6) of these Regulations.

Appeals to the Commission

7

Where the Secretary of State certified an EEA decision under regulation 28(2) of the 2006 Regulations (appeals to the Special Immigration Appeals Commission) before 1st February 2017, that EEA decision is to be treated as though having been certified under regulation 38(2) of these Regulations.

Periods of residence prior to the coming into force of these Regulations

8

• (1) Any period of time during which an EEA national (“P”) resided in the United Kingdom in accordance with the conditions listed in sub-paragraphs (2) or (3) is to be taken into account for the purpose of calculating periods of residence in the United Kingdom in accordance with these Regulations.

• (2) The condition in this paragraph is that P resided in, or was treated as though having resided in, the United Kingdom in accordance with—

• (a) the Immigration (European Economic Area) Regulations 2000[^f00041]; or

• (b) the 2006 Regulations.

• (3) The condition in this paragraph is that P resided in the United Kingdom in circumstances where—

• (a) P was a national of a State which at that time was not an EEA State;

• (b) P had leave to enter or remain in the United Kingdom under the 1971 Act for the duration of P’s residence; and

• (c) P would have been residing in the United Kingdom in accordance with these Regulations, had P’s State of origin been an EEA State at that time, and had these Regulations been in force.

• (4) Any period during which P resided in the United Kingdom in circumstances which met the conditions in sub-paragraph (2) or (3) is not to be taken into account for the purposes of sub-paragraph (1) where that residence was followed by a period of at least two continuous years during which—

• (a) P was absent from the United Kingdom; or

• (b) P’s residence in the United Kingdom—

• (i) did not meet the conditions in sub-paragraph (2) or (3); or

• (ii) was not otherwise in accordance with these Regulations.

Preservation of transitional provisions in relation to family members of dual nationals

9

• (1) Where—

• (a) the right of a family member (“F”) to be admitted to, or reside in, the United Kingdom pursuant to these Regulations depends on a person (“P”) being an EEA national;

• (b) P would be an EEA national if P was not also a British citizen; and

• (c) any of the criteria in sub-paragraphs (2), (3) and (4) is met;

P will, notwithstanding the effect of the definition of an EEA national in regulation 2, be regarded as an EEA national for the purpose of these Regulations.

• (2) The criterion in this sub-paragraph is met where F was on 16th July 2012 a person with the right of permanent residence in the United Kingdom under the 2006 Regulations.

• (3) Subject to sub-paragraph (5), the criterion in this sub-paragraph is met where F—

• (a) was on 16th July 2012 a person with a right of residence in the United Kingdom under the 2006 Regulations; and

• (b) on 16th October 2012—

• (i) held a valid registration certificate or residence card issued under the 2006 Regulations;

• (ii) had made an application under the 2006 Regulations for a registration certificate or residence card which had not been determined; or

• (iii) had made an application under the 2006 Regulations for a registration certificate or residence card which had been refused and in respect of which an appeal under regulation 26 of the 2006 Regulations could be brought while the appellant was in the United Kingdom (excluding the possibility of an appeal out of time with permission) or was pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002, as it applied on 16th July 2012).

• (4) Subject to sub-paragraph (6), the criterion in this sub-paragraph is met where F—

• (a) had, prior to 16th July 2012, applied for an EEA family permit pursuant to regulation 12 of the 2006 Regulations; or

• (b) had applied for and been refused an EEA family permit and where, on 16th July 2012, an appeal under regulation 26 of the 2006 Regulations against that decision could be brought (excluding the possibility of an appeal out of time with permission) or was pending (within the meaning of section 104 of the Nationality, Immigration and Asylum Act 2002 Act, as it applied on 16th July 2012).

• (5) The criterion in sub-paragraph (3) is not met in a case to which sub-paragraph (3)(b)(ii) or (iii) applies where no registration certificate or residence card was, in fact, issued pursuant to that application.

• (6) The criterion in sub-paragraph (4) is not met where—

• (a) F was issued with an EEA family permit pursuant to an application made prior to 16th July 2012 but F had not been admitted to the United Kingdom within six months of the date on which it was issued; or

• (b) no EEA family permit was, in fact, issued pursuant to that application.

• (7) Where met, the criteria in sub-paragraphs (2), (3) and (4) remain satisfied until the occurrence of the earliest of the following events—

• (a) the date on which F ceases to be the family member of P; or

• (b) the date on which F’s right of permanent residence is lost.

• (8) P will only continue to be regarded as an EEA national for the purpose of considering the position of F under these Regulations.

SCHEDULE 7 — CONSEQUENTIAL MODIFICATIONS

1

• (1) Unless the context otherwise requires—

• (a) any reference in any enactment to the 2006 Regulations, or a provision of the 2006 Regulations, has effect as though referring to these Regulations, or the corresponding provision of these Regulations, as the case may be[^f00042];

• (b) but—

• (i) any reference to a provision of the 2006 Regulations in column 1 of the table has effect as though it were a reference to the corresponding provision of these Regulations listed in column 2; and

• (ii) any reference to a provision of the 2006 Regulations with no corresponding provision in these Regulations ceases to have effect.

• (2) Unless otherwise specified in the table, sub-divisions of the provisions of the 2006 Regulations listed in column 1 correspond to the equivalent sub-division in the corresponding provision of these Regulations.

• (3) This paragraph is of no application where the reference to the 2006 Regulations had the effect of amending the 2006 Regulations. Additionally this paragraph has no application to amendments to the 2006 Regulations made under Schedule 5 of these Regulations.

(1)	(2)	(3)
Provision in the 2006 Regulations	Corresponding provision in these Regulations	Description of provision
1	1(1) to (2)	Citation and commencement
2(3)	2(2)	General interpretation
3(3)	3(3)(c)	Continuity of residence
4(2)	4(2) and (3)	“Worker”, “self-employed person”, “self-sufficient person” and “student”
4(4)	4(2) and (4)	“Worker”, “self-employed person”, “self-sufficient person” and “student”
6(2)(ba)	6(2)(c)	“Qualified person”
6(2)(c)	6(2)(d)	“Qualified person”
6(2)(d)	6(2)(e)	“Qualified person”
6(2A)	6(3)	“Qualified person”
6(3)	6(4)	“Qualified person”
6(4) and 6(8)	Relevant definitions in 6(1)	“Qualified person”
6(9)	6(8)	“Qualified person”
6(10)	6(9)	“Qualified person”
6(11)	6(10)	“Qualified person”
8(2)	8(2) and (7)	Extended family member
8(3)	8(3) and (7)	Extended family member
9(1)	9(1) and (7)	Family members of British citizens
9(3)(a) to (c)	9(3)(a) to (e)	Family members of British citizens
9(4)	9(5)	Family members of British citizens
11(4)(ba)	11(4)(c)	Right of admission to the United Kingdom
11(4)(c)	11(4)(d)	Right of admission to the United Kingdom
12(1A)	12(2)	Issue of EEA family permit
12(1B)	12(3)(a)	Issue of EEA family permit
12(2)	12(4)	Issue of EEA family permit
12(3)	12(5)	Issue of EEA family permit
12(4)	12(6)	Issue of EEA family permit
12(5)	12(7)	Issue of EEA family permit
12(6)	12(8)	Issue of EEA family permit
14(5)	14(4)	Extended right of residence
15(1A)	15(2)	Right of permanent residence
15(2)	15(3)	Right of permanent residence
15(3)	15(4)	Right of permanent residence
15A	16	Derivative right to reside
15A(1)	16(1)	Derivative right to reside
15A(2)	16(2)	Derivative right to reside
15A(3)	16(3)	Derivative right to reside
15A(4)	16(4)	Derivative right to reside
15A(4A)	16(5)	Derivative right to reside
15A(5)	16(6)	Derivative right to reside
15A(6)	16(7)	Derivative right to reside
15A(7)	16(8)	Derivative right to reside
15A(7A)	16(9)	Derivative right to reside
15A(7B)	16(10)	Derivative right to reside
15A(8)	16(11)	Derivative right to reside
15A(9)	16(12)	Derivative right to reside
16	17	Issue of registration certificate
16(8)	17(9)	Issue of registration certificate
17	18	Issue of residence card
17(6A)	18(7)
18	19	Issue of a document certifying permanent residence and a permanent residence card
18(5)	19(4)(b)	Issue of a document certifying permanent residence and a permanent residence card
18(6)	19(5)	Issue of a document certifying permanent residence and a permanent residence card
18A	20	Issue of a derivative residence card
18A(5)	20(6)	Issue of a derivative residence card
19	23	Exclusion and removal from the United Kingdom
19(1A)	23(2)	Exclusion and removal from the United Kingdom
19(1AB)	23(3)	Exclusion and removal from the United Kingdom
19(1B)	23(5)	Exclusion and removal from the United Kingdom
19(2)	23(4)	Exclusion and removal from the United Kingdom
19(3)	23(6)	Exclusion and removal from the United Kingdom
19(4)	23(7)(a)	Exclusion and removal from the United Kingdom
19(5)	23(7)(b)	Exclusion and removal from the United Kingdom
20	24	Refusal to issue or renew and revocation of residence documentation
20(1A)	24(2)	Refusal to issue or renew and revocation of residence documentation
20(2)	24(3)	Refusal to issue or renew and revocation of residence documentation
20(3)	24(4)	Refusal to issue or renew and revocation of residence documentation
20(4)	24(5)	Refusal to issue or renew and revocation of residence documentation
20(5)	24(6)	Refusal to issue or renew and revocation of residence documentation
20(6)	24(7)	Refusal to issue or renew and revocation of residence documentation
20A	25	Cancellation of a right of residence
20B	22	Verification of a right of residence
20B(8)	Relevant definition in 2(1)	Verification of a right of residence
21	27	Decisions taken on public policy, public security and public health grounds
21(5)	27(5) and (8) and Schedule 1	Decisions taken on public policy, public security and public health grounds
21A	28	Application of Part 4 to persons with a derivative right to reside
21A(1)	28(2)	Application of Part 4 to persons with a derivative right to reside
21A(2)	28(1)	Application of Part 4 to persons with a derivative right to reside
21A(3)(c)	28(2)(a)	Application of Part 4 to persons with a derivative right to reside
21A(3)(d)	28(2)(b)	Application of Part 4 to persons with a derivative right to reside
21A(3)(f)	28(2)(c)	Application of Part 4 to persons with a derivative right to reside
21A(3)(g)	28(2)(d)	Application of Part 4 to persons with a derivative right to reside
21B	26	Misuse of a right to reside
21B(1)	26(1) and (2)	Misuse of a right to reside
21B(2)	26(3)	Misuse of a right to reside
21B(3)	26(4)	Misuse of a right to reside
21B(4)	26(5)	Misuse of a right to reside
21B(5)	26(6)	Misuse of a right to reside
21B(6)	Relevant definition in 2(1)	Misuse of a right to reside
22	29	Person claiming right of admission
23	30	Person refused admission
23A	31	Revocation of admission
24	32	Person subject to removal
24A	34	Revocation of deportation and exclusion orders
24A(1)	34(1) and (2)	Revocation of deportation and exclusion orders
24A(2)	34(3)	Revocation of deportation and exclusion orders
24A(3)	34(4)	Revocation of deportation and exclusion orders
24A(4)	34(5)	Revocation of deportation and exclusion orders
24A(5)	34(6)	Revocation of deportation and exclusion orders
24AA	33	Human rights considerations and interim orders to suspend removal
25	35	Interpretation of Part 6
26	36	Appeal rights
26(2A)	36(3)	Appeal rights
26(3)	36(4)	Appeal rights
26(3A)	36(5)	Appeal rights
26(4)	36(8)	Appeal rights
26(5)	36(7)	Appeal rights
26(6)	36(9)	Appeal rights
26(7)	36(10)	Appeal rights
26(8)	36(11)	Appeal rights
27	37	Out of country appeals
27(1)(zaa)	37(1)(b)	Out of country appeals
27(1)(aa)	37(1)(c)	Out of country appeals
27(1)(b)	37(1)(d)	Out of country appeals
27(1)(c)	37(1)(e)	Out of country appeals
27(1)(ca)	37(1)(f)	Out of country appeals
27(1)(d)	37(1)(g)	Out of country appeals
28	38	Appeals to the Commission
28(8)	38(8) and (9)	Appeals to the Commission
28A	39	National security: EEA Decisions
29	40	Effect of appeals to the First-tier Tribunal or Upper Tribunal
29(4A)	40(5)	Effect of appeals to the First-tier Tribunal or Upper Tribunal
29(5)	40(6)	Effect of appeals to the First-tier Tribunal or Upper Tribunal
29A	42	Alternative evidence of identity and nationality
29AA	41	Temporary admission in order to submit case in person
30	43	Effect on other legislation
31	45 and 46	Revocations etc.
Schedule 1	Schedule 2	Appeals to the First-tier Tribunal
Schedule 1, paragraph 1	Schedule 2, paragraph 2	Appeals to the First-tier Tribunal
Schedule 1, paragraph 2	Schedule 2, paragraph 3	Appeals to the First-tier Tribunal
Schedule 2	Schedule 3	Effect on other legislation
Schedule 2, paragraph 1(2)	Schedule 3, paragraph 1	Effect on other legislation
Schedule 2, paragraph 3	Schedule 3, paragraph 3	Effect on other legislation
Schedule 2, paragraph 4	Schedule 2, paragraph 2	Effect on other legislation

Signed

Robert Goodwill — Minister of State — Home Office — 2016-11-02

Editorial notes

[^key-a1c26c119625413d9190ac3eca2af813]: Sch. 4 para. 3 inserted (31.1.2017) by The Immigration (European Economic Area) (Amendment) Regulations 2017 (S.I. 2017/1), reg. 1(2), Sch. para. 4

[^key-80a2abdebcec536c42843dfd37007d68]: Sch. 6 para. 9 inserted (31.1.2017) by The Immigration (European Economic Area) (Amendment) Regulations 2017 (S.I. 2017/1), reg. 1(2), Sch. para. 5

[^key-75876ac4d54c04f72e639bcd4b05a068]: Words in reg. 18(7)(a) substituted (31.1.2017) by The Immigration (European Economic Area) (Amendment) Regulations 2017 (S.I. 2017/1), reg. 1(2), Sch. para. 1

[^key-2a55acc8ab13277e8b1e5db533b2763c]: Word in reg. 21(2)(a) substituted (31.1.2017) by The Immigration (European Economic Area) (Amendment) Regulations 2017 (S.I. 2017/1), reg. 1(2), Sch. para. 2

[^key-4160b513b585db69fc7f6fda108f59c4]: Words in reg. 24(6) inserted (31.1.2017) by The Immigration (European Economic Area) (Amendment) Regulations 2017 (S.I. 2017/1), reg. 1(2), Sch. para. 3

[^key-db6e2ecabb4832594fbd7a41de180f88]: Words in reg. 2 inserted (15.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 8(2)

[^key-e2a2932d3fec6c4454154ed981cd75ef]: Words in reg. 29(2) substituted (15.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 8(3)(a)

[^key-6d777c391390f81a55c70731b969cdf9]: Reg. 29(3) substituted (15.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 8(3)(b)

[^key-1a4725e3a584765e38607879b93635b9]: Words in reg. 30(2) substituted (15.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 8(4)(a)

[^key-cfb0e7cf01abb4373bba350f35bbf812]: Words in reg. 30(2) inserted (15.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 8(4)(b)

[^key-fbcc82962ec287e3a4b2ea21f6ff0d78]: Words in reg. 40(4) inserted (15.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 8(5)(a)

[^key-c8021cb21cf52696b2933b704ce02239]: Reg. 40(7) omitted (15.1.2018) by virtue of The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 8(5)(b)

[^key-0941f2a04968d47ea046412d5f07e45b]: Words in reg. 41(2) omitted (15.1.2018) by virtue of The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 8(6)(a)

[^key-b522c749bb8cd44a236731e9c07938e3]: Reg. 41(9) inserted (15.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 8(6)(c)

[^key-03d0e64175d91786d70e9bf5d65f58e0]: Words in reg. 41(6) substituted (15.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 8(6)(b)(i)

[^key-e3cfe3a56e9778c7cfc7aef66baf420d]: Words in reg. 41(6) inserted (15.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 8(6)(b)(ii)

[^key-3925dfc890738d9bfd0d4a0eeef42731]: Reg. 9A inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 4 (with reg. 3)

[^key-4785dba0f3af8859b72f6c8a64190f59]: Words in reg. 2(1) substituted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 1

[^key-606250d7bc2bed2ff13ccd244249deec]: Words in reg. 6(1) inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 2(a)

[^key-5be01f35d7e096bebee3039f6e86425e]: Reg. 6(4)-(4C) substituted for reg. 6(4) (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 2(b)

[^key-97d0661f8edae5cbcce47fe6944c1dff]: Words in reg. 6(5)(b) substituted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 2(c)

[^key-c834e5646120f4b76bbec6ec47568687]: Word in reg. 6(7)(a) omitted (24.7.2018) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 2(d)

[^key-8bb7fb2a3e70dfae387da431b0b5f850]: Reg. 6(7)(c) and word inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 2(e)

[^key-2021f7e0fbd3edfaa898d27780ae2f6d]: Words in reg. 6(8) inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 2(f)(i)

[^key-4502328a96a55bbd538db45eba0b0790]: Words in reg. 6(8)(a) inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 2(f)(ii)

[^key-a0f8e591d02af36a6438145136bd2290]: Words in reg. 6(10)(b) inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 2(g)

[^key-9b670b25533b3593a4e38311f270de27]: Word in reg. 9(2)(b) omitted (24.7.2018) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 3(a)

[^key-8ca926fb7c52d75472e1a5745e20926c]: Reg. 9(2)(d)(e) inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 3(b)

[^key-5f86281cb072b1f84213627f5b283956]: Reg. 11(9) inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 5

[^key-2cf9d44ac927a65806c5d343b56402ce]: Reg. 12(5A) inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 6

[^key-ac77ad84bfd441ce73690d4fe2203763]: Words in reg. 13(4) substituted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 7

[^key-3c11f5b8ea86012fd959d59aa42be3b8]: Words in reg. 14(4) substituted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 8

[^key-0e4982198053ed71c3126737e325d252]: Words in reg. 15(4) substituted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 9

[^key-cb72d707e1b61bf172b0b40174597214]: Words in reg. 16(8)(b)(ii) omitted (24.7.2018) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 10

[^key-b1ed9488346d9480d2c5fd882dfb30e3]: Words in reg. 21(2)(a) omitted (24.7.2018) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 11(a)

[^key-9df9792b90e570a3ef91dc00af38781f]: Reg. 21(4A) inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 11(b)

[^key-76d6a7cab20f8d40a97d145a3b971405]: Words in reg. 21(5) omitted (24.7.2018) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 11(c)

[^key-cec44b9077510c9b58441533c2fa9211]: Words in reg. 24(6) inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 12

[^key-b4cb3c3f2672bdf1a5c17ae509c894c0]: Words in reg. 27(4)(a) inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 13

[^key-f8a975f6387490e6a21e71abe8b69969]: Reg. 36(12) inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 14

[^key-d12741b1c330bf8455cb8a6fad8ce5b3]: Reg. 37(2)(a) substituted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 15 (with reg. 4)

[^key-b0507730f771c9e04ae58a91094a5975]: Words in reg. 2(1) omitted (28.3.2019) by virtue of The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(2)

[^key-b3f45c459fd1a13b5af71fd2d3fd4f02]: Words in reg. 7(4) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(3)

[^key-b799d2b1c73e3484b1c4b02dcd726767]: Words in reg. 9 heading inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(4)

[^key-600c92bb765521b861b37d5fb51496d9]: Reg. 9(1A) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(5)(a)

[^key-bff9f42817c7944b646c22036f8e81a6]: Words in reg. 9(2)(b) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(5)(b)(i)

[^key-0678038b0bf36fbf8b472ea4f1da1c53]: Words in reg. 9(2)(c) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(5)(b)(ii)

[^key-9c7079624564a0cdb7f044280b2c81a4]: Words in reg. 9(2)(e) substituted (28.3.2019) by virtue of The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(5)(b)(iv)

[^key-32c00fbc792df2c3d9166659b7570d9a]: Words in reg. 9(3)(b) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(5)(c)(i)

[^key-039085f6738746df8810d4827ca37a79]: Words in reg. 9(3)(c) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(5)(c)(ii)

[^key-341c12f05919c53c59b637f0043f3ca4]: Words in reg. 9(3)(d) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(5)(c)(iii)

[^key-0171b0d05281f0b41ec6bbbe5c2e198a]: Words in reg. 9(3)(e) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(5)(c)(iv)

[^key-e71056bd9665f7b5e064241b109a79d6]: Words in reg. 9(4)(a) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(5)(d)(i)(aa)

[^key-b530903c7b6df63ba0b39508c0705333]: Word in reg. 9(4)(a) omitted (28.3.2019) by virtue of The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(5)(d)(i)(bb)

[^key-0791e6f110650698e0414b63a5373ba2]: Reg. 9(4)(b) omitted (28.3.2019) by virtue of The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(5)(d)(ii)

[^key-adb252515512d6ee1addfd20f6fdf6e9]: Words in reg. 9(5) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(5)(e)

[^key-a5e8c823dbe991e23d81f7fc1deee927]: Words in reg. 16(6)(b) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(6)(a)

[^key-61c224e6ca9f351accc6bebb4a522c75]: Words in reg. 16(7)(c)(iv) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(6)(b)

[^key-c3963e8c45baf85a75d2b5fdbcdd0ab9]: Reg. 16(7A) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(6)(c)

[^key-8f358b1ecb1bc5bec655780344732046]: Words in reg. 36(6) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(7)(a)

[^key-86a382ec4aabaaf51a890c298b7a8258]: Words in reg. 36(6)(b) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(7)(b)

[^key-b0a0ed5c0d252a0a964fcc74384751b8]: Reg. 36(6)(c) inserted (28.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(7)(c)

[^key-e243709a7b1b8f07932cd2d7eed42a6a]: Words in reg. 2(1) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(2)(a)(i)

[^key-03cbba097217f6cd0cf5b3a39dc02d19]: Words in reg. 2(1) substituted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(2)(a)(ii)

[^key-823d1609d7fc36896a6438c1cdadccf5]: Word in reg. 2(1) substituted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(2)(b)

[^key-0dde04d3dcf47c8a038e3c5fa2a28e19]: Word in reg. 5(3)(a) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(3)(a)

[^key-be456ec7b379aff08fef229dde3e5a6d]: Word in reg. 5(4)(b) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(3)(b)

[^key-00e27fd0969c3198e8bf389fb33ebdfc]: Word in reg. 7(3)(a) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(4)

[^key-d91fcb2a911343f3e529c2e979704dc8]: Reg. 8(1A) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(5)(b)

[^key-14106c7d667b9c5b254303b5d13f9408]: Reg. 8(8) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(5)(f)

[^key-8dff15a230884f5708258039faef190e]: Word in reg. 8(1) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(5)(a)

[^key-74880a3fe3eff77bcb2873e84fcdc735]: Words in reg. 8(3) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(5)(c)

[^key-516d9d9671daf27031a847ece80f4371]: Words in reg. 8(5) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(5)(d)

[^key-8b7bd410befdc1692caa27e274c749b0]: Words in reg. 8(7) substituted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(5)(e)(i)

[^key-240cb8c545d1e54ae5f1ef3e9d6ec9d0]: Words in reg. 8(7) omitted (15.8.2019) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(5)(e)(ii)

[^key-48b3b4337012bef61e077daed451a4db]: Reg. 9(2)(d) substituted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(6)(a)

[^key-524dc3442208c56d07006b3f14446f11]: Word in reg. 9(2)(e) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(6)(b)

[^key-49aef953280ee71875939de07b5b44b4]: Reg. 9(2)(f) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(6)(c)

[^key-32114687931183bdf53c3f1bc8da1933]: Words in reg. 21(4) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(8)

[^key-fcd7bef5127e90cc77d079f72a07bfd2]: Words in reg. 36(4)(b)(iii) substituted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(9)(a)(i)(aa)

[^key-7fff29ce0f29de1343de332cf6e83ecd]: Word in reg. 36(4)(b)(iii) omitted (15.8.2019) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(9)(a)(i)(bb)