Immigration (European Economic Area) Regulations 2000
| Jurisdiction | UK Non-devolved |
2000 No. 2326
IMMIGRATION
The Immigration (European Economic Area) Regulations 2000
Made 30th August 2000
Laid before Parliament 1st September 2000
Coming into force 2nd October 2000
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 on him by the said section 2(2), and of the powers conferred on him by section 80 of the Immigration and Asylum Act 19993, hereby makes the following Regulations:
Part I
Interpretation Etc.
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the Immigration (European Economic Area) Regulations 2000 and shall come into force on 2nd October 2000.
(2) Subject to paragraph (3), the Immigration (European Economic Area) Order 19944is hereby revoked.
(3) Article 19 of the Order continues to have effect until the commencement of the repeal by the 1999 Act of the Immigration (Carriers' Liability) Act 19875.
Interpretation of Regulations
General
2.—(1) In these Regulations—
“the 1971 Act” means the Immigration Act 19716;
“the 1999 Act” means the Immigration and Asylum Act 1999;
“decision-maker” means the Secretary of State, an immigration officer or an entry clearance officer (as the case may be);
“EEA family permit” means a document issued to a person, in accordance with regulation 10 or 13, in connection with his admission to the United Kingdom;
“EEA national” means a national of an EEA State;
“EEA State” means a State, other than the United Kingdom, which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 19927as adjusted by the Protocol signed at Brussels on 17th March 19938;
“economic activity” means activity as a worker or self-employed person, or as a provider or recipient of services;
“entry clearance officer” means a person responsible for the grant or refusal of entry clearances;
“military service” means service in the armed forces of an EEA State;
“Regulation 1251/70” means Commission Regulation (EEC) No. 1251/70on the right of workers to remain in the territory of a Member State after having been employed in that State9;
“residence document” means a document issued to a person who is not an EEA national, in accordance with regulation 10 or 15, as proof of the holder’s right of residence in the United Kingdom;
“residence permit” means a permit issued to an EEA national, in accordance with regulation 10 or 15, as proof of the holder’s right of residence in the United Kingdom;
“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;
“visa national” means a person who requires a visa for the United Kingdom because he is a national or citizen of one of the countries or territorial entities for the time being specified in the immigration rules10.
(2) In these Regulations unless the context otherwise requires a reference to a regulation is a reference to a regulation of these Regulations; and within a regulation a reference to a paragraph is to a paragraph of that regulation.
“Worker”, “self-employed person”, “provider” and “recipient” of services, “self-sufficient person”, “retired person” and “student”
3.—(1) In these Regulations—
(a)
(a) “worker” means a worker within the meaning of Article 39 of the EC Treaty;
(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 EC Treaty, or who seeks to do so;
(c)
(c) “provider of services” means a person who provides, or seeks to provide, services within the meaning of Article 50 of the EC Treaty;
(d)
(d) “recipient of services” means a person who receives, or seeks to receive, services within the meaning of Article 50 of the EC Treaty;
(e)
(e) “self-sufficient person” means a person who—
(i) has sufficient resources to avoid his becoming a burden on the social assistance system of the United Kingdom; and
(ii) is covered by sickness insurance in respect of all risks in the United Kingdom;
(f)
(f) “retired person” means a person who—
(i) has pursued an activity as an employed or self-employed person;
(ii) is in receipt of—
(aa) an invalidity or early retirement pension;
(bb) old age benefits;
(cc) survivor’s benefits; or
(dd) a pension in respect of an industrial accident or disease;
sufficient to avoid his becoming a burden on the social security system of the United Kingdom; and
(iii) is covered by sickness insurance in respect of all risks in the United Kingdom;
(g)
(g) “student” means a person who—
(i) is enrolled at a recognised educational establishment in the United Kingdom for the principal purpose of following a vocational training course;
(ii) assures the Secretary of State by means of a declaration, or by such alternative means as he may choose that are at least equivalent, that he has sufficient resources to avoid him becoming a burden on the social assistance system of the United Kingdom; and
(iii) is covered by sickness insurance in respect of all risks in the United Kingdom.
(2) For the purposes of paragraph (1)(e) and (f), resources or income are to be regarded as sufficient if they exceed the level in respect of which the recipient would qualify for social assistance.
“Self-employed person who has ceased activity”
4.—(1) In these Regulations, “self-employed person who has ceased activity” means—
(a)
(a) a person who—
(i) on the day on which he terminates his activity as a self-employed person has reached the age at which he is entitled to a state pension;
(ii) has pursued such activity in the United Kingdom for at least the twelve months prior to its termination; and
(iii) has resided continuously in the United Kingdom for more than three years;
(b)
(b) a person who—
(i) has resident continuously in the United Kingdom for more than two years; and
(ii) has terminated his activity as a self-employed person as a result of a permanent incapacity to work;
(c)
(c) a person who—
(i) has resided and pursued activity as a self-employed person in the United Kingdom;
(ii) has terminated that activity as a result of a permanent incapacity to work; and
(iii) such incapacity is the result of an accident at work or an occupational illness which entitles him to a pension payable in whole or in part by the state;
(d)
(d) a person who—
(i) has been continuously resident and continuously active as a self-employed person in the United Kingdom for three years; and
(ii) is active as a self-employed person in the territory of an EEA State but resides in the United Kingdom and returns to his residence at least once a week.
(2) But, if the person is the spouse of a United Kingdom national—
(a)
(a) the conditions as to length of residence and activity in paragraph (1)(a) do not apply; and
(b)
(b) the condition as to length of residence in paragraph (1)(b) does not apply.
(3) For the purposes of paragraph (1)(a) and (b) periods of activity completed in an EEA State by a person to whom paragraph (1)(d)(ii) applies are to be considered as having been completed in the United Kingdom.
(4) For the purposes of paragraph (1)—
(a)
(a) periods of absence from the United Kingdom which do not exceed three months in any year or periods of absence from the United Kingdom on military service are not to be taken into account; and
(b)
(b) periods of inactivity caused by circumstances outside the control of the self-employed person and periods of inactivity caused by illness or accident are to be treated as periods of activity as a self-employed person.
“Qualified person”
5.—(1) In these Regulations, “qualified person” means a person who is an EEA national and in the United Kingdom as—
(a)
(a) a worker;
(b)
(b) a self-employed person;
(c)
(c) a provider of services;
(d)
(d) a recipient of services;
(e)
(e) a self-sufficient person;
(f)
(f) a retired person;
(g)
(g) a student; or
(h)
(h) a self-employed person who has ceased activity;
or who is a person to whom paragraph (4) applies.
(2) A worker does not cease to be a qualified person solely because—
(a)
(a) he is temporarily incapable of work as a result of illness or accident; or
(b)
(b) he is involuntarily unemployed, if that fact is duly recorded by the relevant employment office.
(3) A self-employed person does not cease to be a qualified person solely because he is temporarily incapable of work as a result of illness or accident.
(4) This paragraph applies to—
(a)
(a) the family member of a qualified person referred to in paragraph (1)(h), if—
(i) the qualified person has died; and
(ii) the family member was residing with him in the United Kingdom immediately before his death;
(b)
(b) the family member of a qualified person referred to in paragraph 1(b) where—
(i) the qualified person has died;
(ii) the family member resided with him immediately before his death; and
(iii) either—
(aa) the qualified person had resided continuously in the United Kingdom for at least the two years immediately before his death; or
(bb) the death was the result of an accident at work or an occupational disease; or
(cc) his surviving spouse is a United Kingdom national.
(5) For the purposes of paragraph (4)(b), periods of absence from the United Kingdom which do not exceed three months in any year or periods of absence from the United Kingdom on military service are not to be taken into account.
“Family member”
6.—(1) In these...
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