General interpretation
This section has no associated Explanatory Memorandum
2.—(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 Accession Regulations ” means the Accession (Immigration and Worker Registration) Regulations 2004; ]
[“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);
[“deportation order” means an order made pursuant to regulation 24(3);]
[“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;
[“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;]
[ “ 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;]
“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 [who 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
“entry clearance” has the meaning given in section 33(1) of the 1971 Act ;
“entry clearance officer” means a person responsible for the grant or refusal of entry clearance;
[“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;
[“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).
[(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