The Immigration (European Economic Area) and Accession (Amendment) Regulations 2004

Amendment of Immigration (European Economic Area) Regulations 2000

2.—(1) The Immigration (European Economic Area) Regulations 2000(1) are amended as follows.

(2) In regulation 2(1) (general interpretation), after the definition of “the 1999 Act” there is inserted ““the Accession Regulations 2004” means the Accession (Immigration and Worker Registration) Regulations 2004(2).”.

(3) In regulation 3 (interpretation of “worker”, “self-employed person” etc), for paragraph (2) substitute—

“(2) For the purposes of paragraph (1)(e), where family members of the person concerned reside in the United Kingdom and their right to so reside is dependent upon their being family members of that person—

(a) the requirement for that person to have sufficient resources to avoid becoming a burden on the social assistance system of the United Kingdom shall only be satisfied if his resources and those of the family members are sufficient to avoid him and the family members becoming such a burden;

(b) the requirement for that person to be covered by sickness insurance in respect of all risks in the United Kingdom shall only be satisfied if he and the family members are so covered.

(3) For the purposes of paragraph (1)(f) where family members of the person concerned reside in the United Kingdom and their right to so reside is dependent upon their being family members of that person —

(a) the requirement for that person to be in receipt of a pension or benefits sufficient to avoid his becoming a burden on the social security system of the United Kingdom shall only be satisfied if that pension or those benefits are sufficient to avoid him and the family members becoming such a burden;

(b) the requirement for that person to be covered by sickness insurance in respect of all risks in the United Kingdom shall only be satisfied if he and the family members are so covered.

(4) For the purposes of paragraph (1)(g), where family members of the person concerned reside in the United Kingdom and their right to so reside is dependent upon their being family members of that person, the requirement for that person to assure the Secretary of State that he has sufficient resources to avoid him becoming a burden on the social assistance system of the United Kingdom shall only be satisfied if he assures the Secretary of State that his resources and those of the family members are sufficient to avoid him and the family members becoming such a burden.

(5) For the purposes of paragraph (1)(e) and (f) and paragraphs (2) and (3) the resources of the person concerned and, where applicable, any family members are to be regarded as sufficient if they exceed the level below which social assistance might be granted under the United Kingdom benefit system to a United Kingdom national in the same circumstances.”.

(4) In regulation 33 (appeals under the 2002 Act)—

(a) for paragraph (1A) there is substituted—

“(1A) A person who has been issued with a residence permit, a residence document or a registration certificate or whose passport has been stamped with a family member residence stamp shall have no right of appeal under section 82(1) of the 2002 Act. Any existing appeal shall be treated as abandoned.”.

(b) at the end of that regulation there is inserted—

“(5) In paragraph (1A),

(a) “registration certificate” has the same meaning as in regulation 1(2)(h) of the Accession Regulations 2004;

(b) “family member residence stamp” means a stamp in the passport of a family member who is not an EEA national confirming that the family member of an accession state worker requiring registration has a right of residence under these Regulations as the family member of that worker; and in this paragraph reference to family member is to a family member who is not an EEA national and “accession state worker requiring registration” has the same meaning as in regulation 2 of the Accession Regulations 2004.”.

(1)

S.I. 2000/2326; the relevant amending instrument is S.I. 2003/3188.

(2)

S.I. 2004/1219.