The Immigration (European Economic Area) Regulations 2006

Issue of EEA family permit

This section has no associated Explanatory Memorandum

12.—(1)  An entry clearance officer must issue an EEA family permit to a person who applies for one if the person is a family member of an EEA national and—

(a) the EEA national—

(i) is residing in the UK in accordance with these Regulations; or

(ii) will be travelling to the United Kingdom within six months of the date of the application and will be an EEA national residing in the United Kingdom in accordance with these Regulations on arrival in the United Kingdom; and

[F1(b) the family member will be accompanying the EEA national to the United Kingdom or joining the EEA national there. ]

[F2(1A)  An entry clearance officer must issue an EEA family permit to a person who applies and provides proof that, at the time at which he first intends to use the EEA family permit, he—

(a)would be entitled to be admitted to the United Kingdom by virtue of regulation 11(5); and

(b)will (save in the case of a person who would be entitled to be admitted to the United Kingdom by virtue of regulation 11(5)(a)) be accompanying to, or joining in, the United Kingdom any person from whom his right to be admitted to the United Kingdom under regulation 11(5) will be derived.]

[F2(1B)  An entry clearance officer must issue an EEA family permit to a family member who has retained the right of residence. ]

(2)  An entry clearance officer may issue an EEA family permit to an extended family member of an EEA national who applies for one if—

(a) the relevant EEA national satisfies the condition in paragraph (1)(a);

(b) the extended family member wishes to accompany the relevant EEA national to the United Kingdom or to join him there; and

(c) in all the circumstances, it appears to the entry clearance officer appropriate to issue the EEA family permit.

(3) Where an entry clearance officer receives an application under paragraph (2) he shall undertake an extensive examination of the personal circumstances of the applicant and if he refuses the application shall give reasons justifying the refusal unless this is contrary to the interests of national security.

(4)  An EEA family permit issued under this regulation shall be issued free of charge and as soon as possible.

(5)  But an EEA family permit shall not be issued under this regulation if the applicant or the EEA national concerned [F3 is not entitled to be admitted to the United Kingdom as a result of regulation 19(1A) or [F4(1AB) or] falls to be excluded in accordance with regulation 19(1B) ] .

[F5(6)  An EEA family permit will not be issued under this regulation to a person (“A”) who is the spouse, civil partner or durable partner of a person (“B”) where a spouse, civil partner or durable partner of A or B holds a valid EEA family permit. ]

Textual Amendments