The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013
| Jurisdiction | England & Wales |
| Citation | SI 2013/3032 |
| Year | 2013 |
- (a) a document called a “Residence card of a family member of a Union Citizen” issued under Article 10 of Council Directive 2004/38/EC (as applied, where relevant, by the EEA Agreement) by an EEA State listed in sub-paragraph (b) to a non-EEA family member of an EEA national as proof of the holder's right of residence in that State;
- (b) Germany and Estonia;
- (b) he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for at least one year, provided that he—
(i) has registered as a jobseeker with the relevant employment office; and (ii) satisfies conditions A and B;
- (ba) he is in duly recorded involuntary unemployment after having been employed in the United Kingdom for less than one year, provided that he—
(i) has registered as a jobseeker with the relevant employment office; and (ii) satisfies conditions A and B;
- (2A) A person to whom paragraph (2) (ba) applies may only retain worker status for a maximum of six months.
- (4) For the purpose of paragraph (1) (a) , a “jobseeker” is a person who satisfies conditions A and B.
- (5) Condition A is that the person—
- (a) entered the United Kingdom in order to seek employment; or
- (b) is present in the United Kingdom seeking employment, immediately after enjoying a right to reside pursuant to paragraph (1) (b) to (e) (disregarding any period during which worker status was retained pursuant to paragraph (2) (b) or (ba) ) .
- (1) This regulation applies to an EEA national who was an accession State national subject to worker authorisation before 1st January 2014.
- (2) In this regulation—
- “accession State national subject to worker authorisation” has the same meaning as in regulation 2 of the EU2 Regulations;
- “the EU2 Regulations” means the Accession (Immigration and Worker Authorisation) Regulations 2006 .
- (3) Regulation 2(12) of the EU2 Regulations (accession State national subject to worker authorisation: legally working) has effect for the purposes of this regulation as it does for regulation 2(3) and (4) of the EU2 Regulations.
- (4) In regulation 5(7) (c) , where the worker is an accession State national subject to worker authorisation, periods of involuntary unemployment duly recorded by the relevant employment office must only be treated as periods of activity as a worker when the unemployment began on or after 1st January 2014.
- (5) Regulation 6(2) applies to an accession State national subject to worker authorisation where the accession State national subject to worker authorisation became unable to work, became unemployed or ceased to work, as the case may be, on or after 1st January 2014.
- (6) For the purposes of regulation 15, an accession State national subject to worker authorisation must be treated as having resided in accordance with these Regulations during any period before 1st January 2014 in which the accession State national subject to worker authorisation was legally working in the United Kingdom.
- (7) An accession worker card issued to an accession State national subject to worker authorisation under regulation 11 of the EU2 Regulations before 1st January 2014 must be treated as if it were a registration certificate issued under these Regulations so long as it has not expired.
- “accession State national subject to worker authorisation” has the same meaning as in regulation 2 of the EU2 Regulations;
- “the EU2 Regulations” means the Accession (Immigration and Worker Authorisation) Regulations 2006 .
- (1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a British citizen as if the British citizen (“P”) were an EEA national.
- (2) The conditions are that—
- (a) P is residing in an EEA State as a worker or self-employed person or was so residing before returning to the United Kingdom;
- (b) if the family member of P is P's spouse or civil partner, the parties are living together in the EEA State or had entered into the marriage or civil partnership and were living together in the EEA State before the British citizen returned to the United Kingdom; and
- (c) the centre of P's life has transferred to the EEA State where P resided as a worker or self-employed person.
- (2) A person who is not an EEA national must be admitted to the United Kingdom if he is—
- (a) a family member of an EEA national and produces on arrival a valid passport and a qualifying EEA State residence card, provided the conditions in regulation 19(2) (a) (non-EEA family member to be accompanying or joining EEA national in the United Kingdom) and (b) (EEA national must have a right to reside in the United Kingdom under these Regulations) are met; or
- (b) a family member of an EEA national, a family member who has retained the right of residence, a person who meets the criteria in paragraph (5) or a person with a permanent right of residence under regulation 15 and produces on arrival—
(i) a valid passport; and (ii) an EEA family permit, a residence card, a derivative residence card or a permanent residence card.
- (3) An immigration officer must not place a stamp in the passport of a person admitted to the United Kingdom under this regulation who is not an EEA national if the person produces a residence card, a derivative residence card, a permanent residence card or a qualifying EEA State residence card.
- (a) regulation 19(3) (b) , 20(1) or...
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