SCHEDULE 1
Regulation 3
Amendments to the Immigration (European Economic Area) Regulations 2006
1. Regulation 2 (general interpretation)
In regulation 2(1)—
(a) in the appropriate places insert—
““derivative residence card” means a card issued to a person, in accordance with regulation 18A, as proof of the holder’s derivative right to reside in the United Kingdom as at the date of issue;”; and
““durable partner” does not include the durable partner (“D”) of a person (“P”) where a spouse, civil partner or durable partner of D or P is already present in the United Kingdom and where that marriage, civil partnership or durable partnership is subsisting;”;
(b) for the definition of “civil partner” substitute—
““civil partner” does not include—
(a) a party to a civil partnership of convenience; or
(b) the civil partner (“C”) of a person (“P”) where a spouse, civil partner or durable partner of C or P is already present in the United Kingdom;”;
(c) for the definition of “EEA decision” substitute—
““EEA decision” means a decision under these Regulations that concerns—
(a) a person’s entitlement to be admitted to the United Kingdom;
(b) a person’s entitlement to be issued with or have renewed, or not to have revoked, a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card;
(c) a person’s removal from the United Kingdom; or
(d) the cancellation, pursuant to regulation 20A, of a person’s right to reside in the United Kingdom;”;
(d) in the definition of “EEA national” after “a national of an EEA State” insert “who is not also a United Kingdom national”; and
(e) for the definition of “spouse” substitute—
““spouse” does not include—
(a) a party to a marriage of convenience; or
(b) the spouse (“S”) of a person (“P”) where a spouse, civil partner or durable partner of S or P is already present in the United Kingdom;”.
2. Regulation 4 (“Worker”, “self-employed person”, “self-sufficient person” and “student”)
In regulation 4—
(a) in paragraph (1) for subparagraph (d)(i) substitute—
“(i)
“(i) is enrolled, for the principal purpose of following a course of study (including vocational training), at a public or private establishment which is—
(aa) financed from public funds; or
(bb) otherwise recognised by the Secretary of State as an establishment which has been accredited for the purpose of providing such courses or training within the law or administrative practice of the part of the United Kingdom in which the establishment is located;”; and
(b) at the end insert—
“5 For the purpose of regulation 15A(2) references in this regulation to “family members” includes a “primary carer” as defined in regulation 15A(7).”.
3. Regulation 10 (“family member who has retained the right of residence”)
In regulation 10—
(a) For paragraph (2)(a) substitute—
“(a)
“(a) he was a family member of a qualified person or of an EEA national with a permanent right of residence when that person died;”;
(b) for paragraph (5)(a) substitute—
“(a)
“(a) he ceased to be a family member of a qualified person or of an EEA national with a permanent right of residence on the termination of the marriage or civil partnership of that person;”
(c) for paragraph (5)(d)(iii) substitute—
“(iii)
“(iii) the former spouse or civil partner of the qualified person or the EEA national with a permanent right of residence has the right of access to a child of the qualified person or the EEA national with a permanent right of residence, where the child is under the age of 18 and where a court has ordered that such access must take place in the United Kingdom; or”;
(d) for the references to “the qualified person” in paragraphs (2)(b), (3)(a)(iii), (3)(b), (5)(d)(ii) and (8) substitute “the qualified person or the EEA national with a permanent right of residence”;
(e) for the reference to “a qualified person” in paragraph (3)(a)(i) substitute “a qualified person or an EEA national with a permanent right of residence”; and
4. Regulation 11 (right of admission to the United Kingdom)
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)
“(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.”.
5. Regulation 12 (issue of EEA family permit)
In regulation 12—
(a) after paragraph (1) insert—
“1A An entry clearance officer must issue an EEA family permit to a person who applies and provides proof that, at the time at which he first intends to use the EEA family permit, he—
(a) would be entitled to be admitted to the United Kingdom by virtue of regulation 11(5); and
(b) will (save in the case of a person who would be entitled to be admitted to the United Kingdom by virtue of regulation 11(5)(a)) be accompanying to, or joining in, the United Kingdom any person from whom his right to be admitted to the United Kingdom under regulation 11(5) will be derived.
1B An entry clearance officer must issue an EEA family permit to a family member who has retained the right of residence.”;
(b) in paragraph (5) from “is subject to a deportation or exclusion order” until the end substitute “is not entitled to be admitted to the United Kingdom as a result of regulation 19(1A) or falls to be excluded in accordance with regulation 19(1B)”; and
(c) after paragraph (5) insert—
“6 An EEA family permit will not be issued under this regulation to a person (“A”) who is the spouse, civil partner or durable partner of a person (“B”) where a spouse, civil partner or durable partner of A or B holds a valid EEA family permit.”.
6. Regulation 13 (initial right of residence)
In regulation 13—
(a) in paragraph (2) after “family member of an EEA national” insert “or a family member who has retained...
