The Immigration (European Economic Area) Regulations 2006
2006 No. 1003
IMMIGRATION
The Immigration (European Economic Area) Regulations 2006
Made 30th March 2006
Laid before Parliament 4th April 2006
Coming into force 30th April 2006
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to rights of entry into, and residence in, the United Kingdom, in exercise of the powers conferred upon him by that section, and of the powers conferred on him by section 109 of the Nationality, Immigration and Asylum Act 20023, makes the following Regulations:
PART 1
INTERPRETATION ETC
Citation and commencement
1. These Regulations may be cited as the Immigration (European Economic Area) Regulations 2006 and shall come into force on 30th April 2006.
General interpretation
2.—(1) In these Regulations—
“the 1971 Act” means the Immigration Act 19714;
“the 1999 Act” means the Immigration and Asylum Act 19995;
“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;
“civil partner”6does not include a party to a civil partnership of convenience;
“decision maker” means the Secretary of State, an immigration officer or an entry clearance officer (as the case may be);
“document certifying permanent residence” means a document issued to an EEA national, in accordance with regulation 18, as proof of the holder’s permanent right of residence under regulation 15 as at the date of issue;
“EEA decision” means a decision under these Regulations that concerns a person's—
(a) entitlement to be admitted to the United Kingdom;
(b) entitlement to be issued with or have renewed, or not to have revoked, a registration certificate, residence card, document certifying permanent residence or permanent residence card; or
(c) removal from the United Kingdom;
“EEA family permit” means a document issued to a person, in accordance with regulation 12, in connection with his admission to the United Kingdom;
“EEA national” means a national of an EEA State;
“EEA State” means—
(a) a member State, other than the United Kingdom;
(b) Norway, Iceland or Liechtenstein; or
(c) Switzerland;
“entry clearance” has the meaning given in section 33(1) of the 1971 Act7;
“entry clearance officer” means a person responsible for the grant or refusal of entry clearance;
“immigration rules” has the meaning given in section 33(1) of the 1971 Act;
“military service” means service in the armed forces of an EEA State;
“permanent residence card” means a card issued to a person who is not an EEA national, in accordance with regulation 18, as proof of the holder’s permanent right of residence under regulation 15 as at the date of issue;
“registration certificate” means a certificate issued to an EEA national, in accordance with regulation 16, as proof of the holder’s right of residence in the United Kingdom as at the date of issue;
“relevant EEA national” in relation to an extended family member has the meaning given in regulation 8(6);
“residence card” means a card issued to a person who is not an EEA national, in accordance with regulation 17, as proof of the holder’s right of residence in the United Kingdom as at the date of issue;
“spouse” does not include a party to a marriage of convenience;
“United Kingdom national” means a person who falls to be treated as a national of the United Kingdom for the purposes of the Community Treaties.
(2) Paragraph (1) is subject to paragraph 1(a) of Schedule 4 (transitional provisions).
Continuity of residence
3.—(1) This regulation applies for the purpose of calculating periods of continuous residence in the United Kingdom under regulation 5(1) and regulation 15.
(2) Continuity of residence is not affected by —
(a)
(a) periods of absence from the United Kingdom which do not exceed six months in total in any year;
(b)
(b) periods of absence from the United Kingdom on military service; or
(c)
(c) any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.
(3) But continuity of residence is broken if a person is removed from the United Kingdom under regulation 19(3).
“Worker”, “self-employed person”, “self-sufficient person” and “student”
4.—(1) In these Regulations —
(a)
(a) “worker” means a worker within the meaning of Article 39 of the Treaty establishing the European Community8;
(b)
(b) “self-employed person” means a person who establishes himself in order to pursue activity as a self-employed person in accordance with Article 43 of the Treaty establishing the European Community;
(c)
(c) “self-sufficient person” means a person who has—
(i) sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence; and
(ii) comprehensive sickness insurance cover in the United Kingdom;
(d)
(d) “student” means a person who—
(i) is enrolled at a private or public establishment, included on the Department for Education and Skills' Register of Education and Training Providers9or financed from public funds, for the principal purpose of following a course of study, including vocational training;
(ii) has comprehensive sickness insurance cover in the United Kingdom; and
(iii) assures the Secretary of State, by means of a declaration, or by such equivalent means as the person may choose, that he has sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence.
(2) For the purposes of paragraph (1)(c), where family members of the person concerned reside in the United Kingdom and their right to reside is dependent upon their being family members of that person—
(a)
(a) the requirement for that person to have sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence shall only be satisfied if his resources and those of the family members are sufficient to avoid him and the family members becoming such a burden;
(b)
(b) the requirement for that person to have comprehensive sickness insurance cover in the United Kingdom shall only be satisfied if he and his family members have such cover.
(3) For the purposes of paragraph (1)(d), where family members of the person concerned reside in the United Kingdom and their right to reside is dependent upon their being family members of that person, the requirement for that person to assure the Secretary of State that he has sufficient resources not to become a burden on the social assistance system of the United Kingdom during his period of residence shall only be satisfied if he assures the Secretary of State that his resources and those of the family members are sufficient to avoid him and the family members becoming such a burden.
(4) For the purposes of paragraphs (1)(c) and (d) and paragraphs (2) and (3), the resources of the person concerned and, where applicable, any family members, are to be regarded as sufficient if they exceed the maximum level of resources which a United Kingdom national and his family members may possess if he is to become eligible for social assistance under the United Kingdom benefit system.
“Worker or self-employed person who has ceased activity”
5.—(1) In these Regulations, “worker or self-employed person who has ceased activity” means an EEA national who satisfies the conditions in paragraph (2), (3), (4) or (5).
(2) A person satisfies the conditions in this paragraph if he—
(a)
(a) terminates his activity as a worker or self-employed person and—
(i) has reached the age at which he is entitled to a state pension on the date on which he terminates his activity; or
(ii) in the case of a worker, ceases working to take early retirement;
(b)
(b) pursued his activity as a worker or self-employed person in the United Kingdom for at least twelve months prior to the termination; and
(c)
(c) resided in the United Kingdom continuously for more than three years prior to the termination.
(3) A person satisfies the conditions in this paragraph if—
(a)
(a) he terminates his activity in the United Kingdom as a worker or self-employed person as a result of a permanent incapacity to work; and
(b)
(b) either—
(i) he resided in the United Kingdom continuously for more than two years prior to the termination; or
(ii) the incapacity is the result of an accident at work or an occupational disease that entitles him to a pension payable in full or in part by an institution in the United Kingdom.
(4) A person satisfies the conditions in this paragraph if—
(a)
(a) he is active as a worker or self-employed person in an EEA State but retains his place of residence in the United Kingdom, to which he returns as a rule at least once a week; and
(b)
(b) prior to becoming so active in that EEA State, he had been continuously resident and continuously active as a worker or self-employed person in the United Kingdom for at least three years.
(5) A person who satisfies the condition in paragraph (4)(a) but not the condition in paragraph (4)(b) shall, for the purposes of paragraphs (2) and (3), be treated as being active and resident in the United Kingdom during any period in which he is working or self-employed in the EEA State.
(6) The conditions in paragraphs (2) and (3) as to length of residence and activity as a worker or self-employed person shall not apply in relation to a person whose spouse or civil partner is a United Kingdom national.
(7) For the purposes of this regulation—
(a)
(a) periods of inactivity for reasons not of the person’s own making;
(b)
(b) periods of inactivity due to illness or accident; and
(c)
(c) in the case of a worker, periods of involuntary unemployment...
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