The Immigration (European Economic Area) (Amendment) Regulations 2011

Amendment of the 2006 Regulations

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2.—(1) The 2006 Regulations are amended as follows.

(2) In regulation 4, for paragraph (4) substitute—

(4) For the purposes of paragraphs (1)(c) and (d) and paragraphs (2) and (3), the resources of the person concerned and, where applicable, any family members, are to be regarded as sufficient if —

(a)they exceed the maximum level of resources which a United Kingdom national and his family members may possess if he is to become eligible for social assistance under the United Kingdom benefit system; or

(b)paragraph (a) does not apply but, taking into account the personal situation of the person concerned and, where applicable, any family members, it appears to the decision maker that the resources of the person or persons concerned should be regarded as sufficient.

(3) In regulation 8, at paragraph 2(a) for “an EEA State” substitute “a country other than the United Kingdom”.

(4) In regulation 12, for paragraph (1)(b) substitute—

(b)the family member will be accompanying the EEA national to the United Kingdom or joining the EEA national there..