Leave under the 1971 Act
This section has no associated Explanatory Memorandum
1.—(1) In accordance with section 7 of the Immigration Act 1988 , a person who is admitted to or acquires a right to reside in the United Kingdom under these Regulations shall not require leave to remain in the United Kingdom under the 1971 Act during any period in which he has a right to reside under these Regulations but such a person shall require leave to remain under the 1971 Act during any period in which he does not have such a right.
(2) [Subject to sub-paragraph (3),] where a person has leave to enter or remain under the 1971 Act which is subject to conditions and that person also has a right to reside under these Regulations, those conditions shall not have effect for as long as the person has that right to reside.
[(3) Where the person mentioned in sub-paragraph (2) is an accession State national subject to worker authorisation working in the United Kingdom during the accession period and the document endorsed to show that the person has leave is an accession worker authorisation document, any conditions to which that leave is subject restricting his employment shall continue to apply.
(4) In sub-paragraph (3)—
(a) “ accession period ” has the meaning [given in regulation 1(2)(c) of the Accession (Immigration and Worker Authorisation) Regulations 2006;[given in—]
(i)regulation 1(2)(c) of the Accession (Immigration and Worker Authorisation) Regulations 2006, in relation to a person who is an accession State national subject to worker authorisation within the meaning of regulation 2 of those Regulations; and
(ii)regulation 1(2) of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013, in relation to a person who is an accession State national subject to worker authorisation within the meaning of regulation 2 of those Regulations;]
(b) “ accession State national subject to worker authorisation ” has the meaning [given in regulation 2 of those Regulations; and[given in—]
(i)regulation 2 of the Accession (Immigration and Worker Authorisation) Regulations 2006; and
(ii)regulation 2 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013; and]
(c) “ accession worker authorisation document ” has the meaning [given in regulation 9(2) of those Regulations. [given in—]]
(i)regulation 9(2) of the Accession (Immigration and Worker Authorisation) Regulations 2006, in relation to a person who is an accession State national subject to worker authorisation within the meaning of regulation 2 of those Regulations; and
(ii)regulation 1(2) of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013, in relation to a person who is an accession State national subject to worker authorisation within the meaning of regulation 2 of those Regulations.]
Textual Amendments
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