The Immigration (European Economic Area) Regulations 2006

General interpretation

This section has no associated Explanatory Memorandum

2.—(1) In these Regulations—

“the 1971 Act” means the Immigration Act 1971 M1;

“the 1999 Act” means the Immigration and Asylum Act 1999 M2;

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

[F1 the 2014 Act ” means the Immigration Act 2014;]

[F2 “the Accession Regulations ” means the Accession (Immigration and Worker Registration) Regulations 2004;]

[F3“civil partner” does not include—

(a)

a party to a civil partnership of convenience; or

(b)

the civil partner (“C”) of a person (“P”) where a spouse, civil partner or durable partner of C or P is already present in the United Kingdom;]

“decision maker” means the Secretary of State, an immigration officer or an entry clearance officer (as the case may be);

[F4“deportation order” means an order made pursuant to regulation 24(3);]

[F5“derivative residence card” means a card issued to a person, in accordance with regulation 18A, as proof of the holder’s derivative right to reside in the United Kingdom as at the date of issue;]

“document certifying permanent residence” means a document issued to an EEA national, in accordance with regulation 18, as proof of the holder's permanent right of residence under regulation 15 as at the date of issue;

[F5“durable partner” does not include the durable partner (“D”) of a person (“P”) where a spouse, civil partner or durable partner of D or P is already present in the United Kingdom and where that marriage, civil partnership or durable partnership is subsisting;]

[F6 “ EEA decision” means a decision under these Regulations that concerns—

(a)

a person’s entitlement to be admitted to the United Kingdom;

(b)

a person’s entitlement to be issued with or have renewed, or not to have revoked, a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card;

(c)

a person’s removal from the United Kingdom; or

(d)

the cancellation, pursuant to regulation 20A, of a person’s right to reside in the United Kingdom [F7;

but does not include decisions under regulations 24AA (human rights considerations and interim orders to suspend removal) or 29AA (temporary admission in order to submit case in person)]];

“EEA family permit” means a document issued to a person, in accordance with regulation 12, in connection with his admission to the United Kingdom;

“EEA national” means a national of an EEA State [F8who is not also a [F9British citizen]];

“EEA State” means—

(a)

a member State, other than the United Kingdom;

(b)

Norway, Iceland or Liechtenstein; or

(c)

Switzerland;

“entry clearance” has the meaning given in section 33(1) of the 1971 Act M3;

“entry clearance officer” means a person responsible for the grant or refusal of entry clearance;

[F10“exclusion order” means an order made under regulation 19(1B)];

“immigration rules” has the meaning given in section 33(1) of the 1971 Act;

“military service” means service in the armed forces of an EEA State;

“permanent residence card” means a card issued to a person who is not an EEA national, in accordance with regulation 18, as proof of the holder's permanent right of residence under regulation 15 as at the date of issue;

[F11 “F12... qualifying EEA State residence card” means—

(a)

[F13a valid document] called a “Residence card of a family member of a Union Citizen” issued under Article 10 of Council Directive 2004/38/EC (as applied, where relevant, by the EEA Agreement) by an EEA State listed in sub-paragraph (b) to a non- EEA family member of an EEA national as proof of the holder’s right of residence in that State;

(b)

[F14 any EEA State, except Switzerland ];]

“registration certificate” means a certificate issued to an EEA national, in accordance with regulation 16, as proof of the holder's right of residence in the United Kingdom as at the date of issue;

“relevant EEA national” in relation to an extended family member has the meaning given in regulation 8(6);

“residence card” means a card issued to a person who is not an EEA national, in accordance with regulation 17, as proof of the holder's right of residence in the United Kingdom as at the date of issue;

[F15“spouse” does not include—

(a)

a party to a marriage of convenience; or

(b)

the spouse (“S”) of a person (“P”) where a spouse, civil partner or durable partner of S or P is already present in the United Kingdom;]

F16...

(2) Paragraph (1) is subject to paragraph 1(a) of Schedule 4 (transitional provisions).

[F17(3) Section 11 of the 1971 Act (construction of references to entry) shall apply for the purpose of determining whether a person has entered the United Kingdom for the purpose of these Regulations as it applies for the purpose of determining whether a person has entered the United Kingdom for the purpose of that Act.]

Textual Amendments

Marginal Citations

M3Section 33(1) is amended by paragraph 5 of the Schedule to the Immigration Act 1988 (c. 14).