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The Immigration (European Economic Area) Regulations 2006

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Changes over time for: Section 2

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Version Superseded: 08/11/2012

Status:

Point in time view as at 16/10/2012. This version of this provision has been superseded. Help about Status

Changes to legislation:

There are currently no known outstanding effects for the The Immigration (European Economic Area) Regulations 2006, Section 2. Help about Changes to Legislation

General interpretation

This section has no associated Explanatory Memorandum

2.—(1) In these Regulations—

the 1971 Act” means the Immigration Act 1971 M1;

the 1999 Act” means the Immigration and Asylum Act 1999 M2;

the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

[F1 “the Accession Regulations ” means the Accession (Immigration and Worker Registration) Regulations 2004; ]

[F2“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;]

decision maker” means the Secretary of State, an immigration officer or an entry clearance officer (as the case may be);

[F3“deportation order” means an order made pursuant to regulation 24(3);]

[F4“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;]

document certifying permanent residence” means a document issued to an EEA national, in accordance with regulation 18, as proof of the holder's permanent right of residence under regulation 15 as at the date of issue;

[F4“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;]

[F5EEA 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;]

EEA family permit” means a document issued to a person, in accordance with regulation 12, in connection with his admission to the United Kingdom;

EEA national” means a national of an EEA State [F4who is not also a United Kingdom national];

EEA State” means—

(a)

a member State, other than the United Kingdom;

(b)

Norway, Iceland or Liechtenstein; or

(c)

Switzerland;

entry clearance” has the meaning given in section 33(1) of the 1971 Act M3;

entry clearance officer” means a person responsible for the grant or refusal of entry clearance;

[F6“exclusion order” means an order made under regulation 19(1B)]

immigration rules” has the meaning given in section 33(1) of the 1971 Act;

military service” means service in the armed forces of an EEA State;

permanent residence card” means a card issued to a person who is not an EEA national, in accordance with regulation 18, as proof of the holder's permanent right of residence under regulation 15 as at the date of issue;

registration certificate” means a certificate issued to an EEA national, in accordance with regulation 16, as proof of the holder's right of residence in the United Kingdom as at the date of issue;

relevant EEA national” in relation to an extended family member has the meaning given in regulation 8(6);

residence card” means a card issued to a person who is not an EEA national, in accordance with regulation 17, as proof of the holder's right of residence in the United Kingdom as at the date of issue;

[F7“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;]

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.

(2) Paragraph (1) is subject to paragraph 1(a) of Schedule 4 (transitional provisions).

[F8(3) Section 11 of the 1971 Act (construction of references to entry) shall apply for the purpose of determining whether a person has entered the United Kingdom for the purpose of these Regulations as it applies for the purpose of determining whether a person has entered the United Kingdom for the purpose of that Act.]

Textual Amendments

Marginal Citations

M3Section 33(1) is amended by paragraph 5 of the Schedule to the Immigration Act 1988 (c. 14).

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