The Immigration (European Economic Area) Regulations 2006

Person claiming right of admission

22.—(1) This regulation applies to a person who claims a right of admission to the United Kingdom under regulation 11 as—

[F1 (a) a person, not being an EEA national, who—

(i) is a family member of an EEA national;

(ii) is a family member who has retained the right of residence;

(iii) has a derivative right of residence;

(iv) has a permanent right of residence under regulation 15; or

(v) is in possession of a qualifying EEA State residence card; [F2 or]]

[F3 (b) an EEA national, where there is reason to believe that he may fall to be excluded under regulation 19(1) [F4 (1A) or (1AB)][F5 ; or]]

[F6 (c) a person to whom regulation 29AA applies]

(2)  A person to whom this regulation applies is to be treated as if he were a person seeking leave to enter the United Kingdom under the 1971 Act for the purposes of paragraphs 2, 3, 4, 7, 16 to [F7 18A] and 21 to 24 of Schedule 2 to the 1971 Act M1 (administrative provisions as to control on entry etc), except that—

(a) the reference in paragraph 2(1) to the purpose for which the immigration officer may examine any persons who have arrived in the United Kingdom is to be read as a reference to the purpose of determining whether he is a person who is to be granted admission under these Regulations;

(b) the references in paragraphs 4(2A), 7 and 16(1) to a person who is, or may be, given leave to enter are to be read as references to a person who is, or may be, granted admission under these Regulations; and

(c) a medical examination is not be carried out under paragraph 2 or paragraph 7 as a matter of routine and may only be carried out within three months of a person's arrival in the United Kingdom.

(3) For so long as a person to whom this regulation applies is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to the 1971 Act, he is deemed not to have been admitted to the United Kingdom.

Textual Amendments

F1 Reg. 22(1)(a) substituted (7.4.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(2), Sch. 1 para. 19(a)

F2 Word in reg. 22(1)(a) omitted (28.7.2014) by virtue of The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 5(a) (with reg. 4)

F3 Reg. 22(1)(b) substituted (1.6.2009) by Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 1, Sch. 1 para. 8

F4 Words in reg. 22(1)(b) substituted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 19(b)

F5 Word in reg. 22(1)(b) inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 5(b) (with reg. 4)

F6 Reg. 22(1)(c) and semicolon inserted (28.7.2014) by The Immigration (European Economic Area) (Amendment) (No.2) Regulations 2014 (S.I. 2014/1976), reg. 1, Sch. para. 5(c) (with reg. 4)

F7 Word in reg. 22(2) substituted (28.7.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 1 para. 2(5); S.I. 2014/1820, art. 3(y)

Marginal Citations

M1 The relevant parts of Schedule 2 were amended by Schedule 6 to the Criminal Justice Act 1972 (c. 71), paragraphs 2 and 3 of Schedule 4 to the British Nationality Act 1981 (c. 61), paragraphs 6, 8, 9 and 10 of the Schedule to the Immigration Act 1988 (c. 14), paragraphs 5, 7, 10 and 11 of Schedule 2, and Schedule 4 to the Asylum and Immigration Act 1996 (c. 49), paragraph 70 of Schedule 13 to the Access to Justice Act 1999 (c. 22), section 140 of and paragraphs 43, 56, 58 to 63 of Schedule 14, and Schedule 16 to the 1999 Act, sections 63, 64 and 73 of and paragraphs 3 and 4 of Schedule 7 to the 2002 Act, paragraph 149 of Schedule 8 to the Courts Act 2003 (c. 39), paragraph 1 of Schedule 2 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19), and S.I. 1993/1813.