The Immigration (European Economic Area) Regulations 2006

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Right of admission to the United Kingdom

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11.—(1) An EEA national must be admitted to the United Kingdom if he produces on arrival a valid national identity card or passport issued by an EEA State.

[F1(2) A person who is not an EEA national must be admitted to the United Kingdom if he is—

(a) a family member of an EEA national and produces on arrival a valid passport and a qualifying EEA State residence card, provided the conditions in regulation 19(2)(a) (non- EEA family member to be accompanying or joining EEA national in the United Kingdom) and (b) ( EEA national must have a right to reside in the United Kingdom under these Regulations) are met; or

(b) a family member of an EEA national, a family member who has retained the right of residence, a person who meets the criteria in paragraph (5) or a person with a permanent right of residence under regulation 15 and produces on arrival—

(i)a valid passport; and

(ii) an EEA family permit, a residence card, a derivative residence card or a permanent residence card. ]

[F2(3) An immigration officer must not place a stamp in the passport of a person admitted to the United Kingdom under this regulation who is not an EEA national if the person produces a residence card, a derivative residence card, a permanent residence card or a qualifying EEA State residence card. ]

(4) Before an immigration officer refuses admission to the United Kingdom to a person under this regulation because the person does not produce on arrival a document mentioned in paragraph (1) or (2), the immigration officer must give the person every reasonable opportunity to obtain the document or have it brought to him within a reasonable period of time or to prove by other means that he is—

(a) an EEA national;

(b) a family member of an EEA national with a right to accompany that national or join him in the United Kingdom; F3 ...

(c)a family member who has retained the right of residence or a person with a permanent right of residence under regulation 15.

[F4(ba)a person who meets the criteria in paragraph (5); or]

[F5(5) A person (“P”) meets the criteria in this paragraph where—

(a)P previously resided in the United Kingdom pursuant to regulation 15A(3) and would be entitled to reside in the United Kingdom pursuant to that regulation were P in the country;

(b) P is accompanying an EEA national to, or joining an EEA national in, the United Kingdom and P would be entitled to reside in the United Kingdom pursuant to regulation 15A(2) were P and the EEA national both in the United Kingdom;

(c)P is accompanying a person (“the relevant person”) to, or joining the relevant person in, the United Kingdom and—

(i)the relevant person is residing, or has resided, in the United Kingdom pursuant to regulation 15A(3); and

(ii)P would be entitled to reside in the United Kingdom pursuant to regulation 15A(4) were P and the relevant person both in the [F6United Kingdom;]

(d)P is accompanying a person who meets the criteria in (b) or (c) (“the relevant person”) to the United Kingdom and—

(i)P and the relevant person are both—

(aa)seeking admission to the United Kingdom in reliance on this paragraph for the first time; or

(bb)returning to the United Kingdom having previously resided there pursuant to the same provisions of regulation 15A in reliance on which they now base their claim to admission; and

(ii)P would be entitled to reside in the United Kingdom pursuant to regulation 15A(5) were P and the relevant [F7person there;]

[F8(e)P is accompanying a British citizen to, or joining a British citizen in, the United Kingdom and P would be entitled to reside in the United Kingdom pursuant to regulation 15A(4A) were P and the British citizen both in the United Kingdom.]

(6) Paragraph (7) applies where—

(a)a person (“P”) seeks admission to the United Kingdom in reliance on [F9paragraph (5)(b), (c) or (e)]; and

(b)if P were in the United Kingdom, P would have a derived right of residence by virtue of regulation 15A(7)(b)(ii).

(7) Where this paragraph applies a person (“P”) will only be regarded as meeting the criteria in [F10paragraph (5)(b), (c) or (e)] where P—

(a)is accompanying the person with whom P would on admission to the United Kingdom jointly share care responsibility for the purpose of regulation 15A(7)(b)(ii); or

(b)has previously resided in the United Kingdom pursuant to [F11regulation 15A(2), (4) or (4A)] as a joint primary carer and seeks admission to the United Kingdom in order to reside there again on the same basis.]

[F12(8)] But this regulation is subject to regulations 19(1)[F13, (1A)][F14, (1AB) and (2) [F15and 23A]].