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PART 2 EEA RIGHTS

[F1Derivative right of residence

15A.—(1) A person (“P”) who is not [F2an exempt person] and who satisfies the criteria in paragraph (2), (3), (4) [F3, (4A)] or (5) of this regulation is entitled to a derivative right to reside in the United Kingdom for as long as P satisfies the relevant criteria.

(2) P satisfies the criteria in this paragraph if—

(a) P is the primary carer of an EEA national (“the relevant EEA national”); and

(b) the relevant EEA national—

(i)is under the age of 18;

(ii)is residing in the United Kingdom as a self-sufficient person; and

(iii)would be unable to remain in the United Kingdom if P were required to leave.

(3) P satisfies the criteria in this paragraph if—

(a) P is the child of an EEA national (“the EEA national parent”);

(b) P resided in the United Kingdom at a time when the EEA national parent was residing in the United Kingdom as a worker; and

(c) P is in education in the United Kingdom and was in education there at a time when the EEA national parent was in the United Kingdom.

(4) P satisfies the criteria in this paragraph if—

(a)P is the primary carer of a person meeting the criteria in paragraph (3) (“the relevant person”); and

(b)the relevant person would be unable to continue to be educated in the United Kingdom if P were required to leave.

[F4(4A) P satisfies the criteria in this paragraph if—

(a)P is the primary carer of a British citizen (“the relevant British citizen”);

(b)the relevant British citizen is residing in the United Kingdom; and

(c) the relevant British citizen would be unable to reside in the UK or in another EEA State if P were required to leave. ]

(5) P satisfies the criteria in this paragraph if—

(a)P is under the age of 18;

(b)P’s primary carer is entitled to a derivative right to reside in the United Kingdom by virtue of paragraph (2) or (4);

(c)P does not have leave to enter, or remain in, the United Kingdom; and

(d)requiring P to leave the United Kingdom would prevent P’s primary carer from residing in the United Kingdom.

(6) For the purpose of this regulation—

(a) “education” excludes nursery education; F5 ...

(b)“worker” does not include a jobseeker or a person who falls to be regarded as a worker by virtue of [F6regulation 6(2); and ]

[F7(c)“an exempt person” is a person—

(i)who has a right to reside in the United Kingdom as a result of any other provision of these Regulations;

(ii)who has a right of abode in the United Kingdom by virtue of section 2 of the 1971 Act;

(iii)to whom section 8 of the 1971 Act, or any order made under subsection (2) of that provision, applies; or

(iv)who has indefinite leave to enter or remain in the United Kingdom.]

(7) P is to be regarded as a “primary carer” of another person if

(a)P is a direct relative or a legal guardian of that person; and

(b)P—

(i)is the person who has primary responsibility for that person’s care; or

[F8(ii)shares equally the responsibility for that person’s care with one other person who is not an exempt person.]

[F9(7A) Where P is to be regarded as a primary carer of another person by virtue of paragraph (7)(b)(ii) the criteria in paragraphs (2)(b)(iii), (4)(b) and (4A)(c) shall be considered on the basis that both P and the person with whom care responsibility is shared would be required to leave the United Kingdom.]

[F9(7B) Paragraph (7A) does not apply if the person with whom care responsibility is shared acquired a derivative right to reside in the United Kingdom as a result of this regulation prior to P assuming equal care responsibility.]

(8) P will not be regarded as having responsibility for a person’s care for the purpose of paragraph (7) on the sole basis of a financial contribution towards that person’s care.

(9) A person who otherwise satisfies the criteria in paragraph (2), (3), (4) [F10, (4A)] or (5) will not be entitled to a derivative right to reside in the United Kingdom where the Secretary of State has made a decision under [F11—

(a)regulation 19(3)(b), 20(1) or 20A(1); or

(b)regulation 21B(2), where that decision was taken in the preceding twelve months.]]

Textual Amendments