SCHEDULE
Regulation 2
Amendments to the Immigration (European Economic Area) Regulations 2016
1. Regulation 18 (issue of residence card)
In regulation 18(7)(a) for “an EEA national” substitute “a Union citizen”.
2. Regulation 21 (procedure for applications for documentation under this Part and regulation 12)
In regulation 21(2)(a) for “(4)” substitute “(5)”.
3. Regulation 24 (refusal to issue or renew and revocation of residence documentation)
In regulation 24(6) after “officer” insert “or an immigration officer”.
4. Schedule 4 (revocations and savings), new paragraph 3 (appeals)
After paragraph 2 of Schedule 4 insert—
“Appeals
3.—(1) Notwithstanding the revocation of the 2006 Regulations by paragraph 1(1), those Regulations continue to apply—
(a)
(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)
(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.”
5. Schedule 6 (transitional provisions), new paragraph 9 (preservation of transitional provisions in relation to family members of dual nationals)
After paragraph 8 of Schedule 6 insert—
“Preservation of transitional provisions in relation to family members of dual nationals
9.—(1) Where—
(a)
(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)
(b) P would be an EEA national if P was not also a British citizen; and
(c)
(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)
(a) was on 16th July 2012 a person with a right of residence in the United Kingdom under the 2006 Regulations; and
(b)
(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...
