The Immigration (European Economic Area) Regulations 2016

JurisdictionUK Non-devolved
(1) These Regulations may be cited as the Immigration (European Economic Area) Regulations 2016.for the purposes of this regulation, regulation 44 and Schedule 5 (transitory provisions) , on 25th November 2016;for all other purposes, on 1st February 2017.(1) In these Regulations—
  • “the 1971 Act” means the Immigration Act 1971;
  • “the 1999 Act” means the Immigration and Asylum Act 1999;
  • “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;
  • “the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006;
  • F6“the 2016 Act” means the Immigration Act 2016;
  • “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;
  • “civil partnership of convenience” includes a civil partnership entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—
    • (a) immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom) ; or
    • (b) any other criteria that the party to the civil partnership of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;
  • “Common Travel Area” has the meaning given in section 1(3) of the 1971 Act;
  • “decision maker” means the Secretary of State, an immigration officer or an entry clearance officer (as the case may be) ;
  • “deportation order” means an order made under regulation 32(3) ;
  • “derivative residence card” means a card issued to a person under regulation 20;
  • “derivative right to reside” means a right to reside under regulation 16;
  • “document certifying permanent residence” means a document issued under regulation 19(1) ;
  • “durable partner” does not include—
    • (a) a party to a durable partnership of convenience; or
    • (b) 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;
  • “durable partnership of convenience” includes a durable partnership entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—
    • (a) immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom) ; or
    • (b) any other criteria that the party to the durable partnership of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;
  • 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, F63an EEA family permit, a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card (but does not include F64a decision to reject an application for the above documentation as invalid) ;
    • (c) a person’s removal from the United Kingdom; or
    • (d) the cancellation, under regulation 25, of a person’s right to reside in the United Kingdom,
    but does not include ... a decision to F65refuse an application under regulation 26(4) (misuse of a right to reside: material change of circumstances) , or any decisions under regulation 33 (human rights considerations and interim orders to suspend removal) or 41 (temporary admission to submit case in person) ;
  • EEA family permit” means a document issued under regulation 12;
  • F18EEA national” means—
    • (a) a national of an EEA State who is not also a British citizen; or
    • (b) a national of an EEA State who is also a British citizen and who prior to acquiring British citizenship exercised a right to reside as such a national, in accordance with regulation 14 or 15,
    save that a person does not fall within paragraph (b) if the EEA State of which they are a national became a member State after that person acquired British citizenship.
  • EEA State” means—
    • (a) a member State, other than the United Kingdom; or
    • (b) Liechtenstein, Iceland, Norway or Switzerland;
  • “entry clearance” has the meaning given in section 33(1) of the 1971 Act;
  • ...

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