In accordance with section 7 of the Immigration Act 1988 M2 , 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.

F2Subject 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.

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.

For the purposes of the 1971 Act and the British Nationality Act 1981 M3, a person who has a permanent right of residence under regulation 15 shall be regarded as a person who is in the United Kingdom without being subject under the immigration laws to any restriction on the period for which he may remain.

But a qualified person, the family member of a qualified person F11, a person with a derivative right of residence and a family member who has retained the right of residence shall not, by virtue of that status, be so regarded for those purposes.

F26A person who has been issued with a registration certificate, residence card, F13derivative residence card, a document certifying permanent residence or a permanent residence card under these Regulations F19(including a registration certificate under these Regulations as applied by regulation 7 of the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013) or a registration certificate under the Accession (Immigration and Worker Registration) Regulations 2004, F3or an accession worker card under the Accession (Immigration and Worker Authorisation) Regulations 2006,F20or a worker authorisation registration certificate under the Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013, or a person whose passport has been stamped with a family member residence stamp, shall have no right of appeal under section 2 of the Special Immigration Appeals Commission Act 1997 or section 82(1) of the 2002 Act. Any existing appeal under those sections of those Acts or under the Asylum and Immigration Appeals Act 1993, the Asylum and Immigration Act 1996 or the 1999 Act shall be treated as abandoned.

F26 Paragraph (3) shall not apply if the person is an EEA national and the Secretary of State certifies that the asylum claim is clearly unfounded.

F26The Secretary of State shall certify the claim under paragraph (4) unless satisfied that it is not clearly unfounded.

F26 In addition to the national of a State which is a contracting party to the Agreement referred to in section 84(2) of the 2002 Act, a Swiss national shall also be treated as an EEA national for the purposes of section 84(1)(d) of that Act.

F26 An appeal under these Regulations against an EEA decision (including an appeal made on or after 1 ^st April 2003 which is treated as an appeal under these Regulations under Schedule 4 but not an appeal made before that date) shall be treated as an appeal under section 82(1) of the 2002 Act against an immigration decision for the purposes of section 96(1)(a) of the 2002 Act.

F25Section 120 of the 2002 Act shall apply to a person if an EEA decision has been taken or may be taken in respect of him and, accordingly, the Secretary of State or an immigration officer may by notice require a statement from that person under subsection (2) of that section and that notice shall have effect for the purpose of section 96(2) of the 2002 Act.

Section 120 of the 2002 Act applies to a person (“P”) if an EEA decision has been taken or may be taken in respect of P and, accordingly, the Secretary of State or an immigration officer may by notice require a statement from P under subsection (2) of that section, and that notice has effect for the purpose of section 96(2) of the 2002 Act.

F24 In sub-paragraph F14 (2) , “family member residence stamp ”means a stamp in the passport of a family member of an EEA national confirming that he is the family member of an accession State worker requiring registration F4 or an accession State national subject to worker authorisation working in the United Kingdom with a right of residence under these Regulations as the family member of that worker; and in this sub-paragraph “accession State worker requiring registration” has the same meaning as in regulation 2 of the Accession (Immigration and Worker Registration) Regulations 2004 F4 and “accession State national subject to worker authorisation” has the meaning given in regulation 2 of the Accession (Immigration and Worker Authorisation) Regulations 2006 .

For the purposes of an appeal brought pursuant to section 82(1) of the 2002 Act, subsections (2) and (6)(a) of section 85 (matters to be considered) have effect as though section 84 included a ground of appeal that the decision appealed against breaches the appellant’s rights under the EU Treaties in respect of entry to or residence in the United Kingdom.

An EEA family permit issued under the 2000 Regulations shall, after 29 ^th April 2006, be treated as if it were an EEA family permit issued under these Regulations.

Subject to paragraph (4), a residence permit issued under the 2000 Regulations shall, after 29 ^th April 2006, be treated as if it were a registration certificate issued under these Regulations.

Subject to paragraph (5), a residence document issued under the 2000 Regulations shall, after 29 ^th April 2006, be treated as if it were a residence card issued under these Regulations.

Where a residence permit issued under the 2000 Regulations has been endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely it shall, after 29 ^th April 2006, be treated as if it were a document certifying permanent residence issued under these Regulations and the holder of the permit shall be treated as a person with a permanent right of residence under regulation 15.

Where a residence document issued under the 2000 Regulations has been endorsed under the immigration rules to show permission to remain in the United Kingdom indefinitely it shall, after 29 ^th April 2006, be treated as if it were a permanent residence card issued under these Regulations and the holder of the permit shall be treated as a person with a permanent right of residence under regulation 15.

Paragraphs (4) and (5) shall also apply to a residence permit or residence document which is endorsed under the immigration rules on or after 30 ^th April 2006 to show permission to remain in the United Kingdom indefinitely pursuant to an application for such an endorsement made before that date.

An application for an EEA family permit, a residence permit or a residence document made but not determined under the 2000 Regulations before 30 April 2006 shall be treated as an application under these Regulations for an EEA family permit, a registration certificate or a residence card, respectively.

A decision to remove a person under regulation 21(3)(a) of the 2000 Regulations shall, after 29 ^th April 2006, be treated as a decision to remove that person under regulation 19(3)(a) of these Regulations.

A decision to remove a person under regulation 21(3)(b) of the 2000 Regulations, including a decision which is treated as a decision to remove a person under that regulation by virtue of regulation 6(3)(a) of the Accession Regulations, shall, after 29 ^th April 2006, be treated as a decision to remove that person under regulation 19(3)(b) of these Regulations.

A deportation order made under section 5 of the 1971 Act by virtue of regulation 26(3) of the 2000 Regulations shall, after 29 ^th April 2006, be treated as a deportation made under section 5 of the 1971 Act by virtue of regulation 24(3) of these Regulations.

Where an appeal against an EEA decision under the 2000 Regulations is pending immediately before 30 ^th April 2006 that appeal shall be treated as a pending appeal against the corresponding EEA Decision under these Regulations.

Where an appeal against an EEA decision under the 2000 Regulations has been determined, withdrawn or abandoned it shall, on and after 30 ^th April 2006, be treated as an appeal against the corresponding EEA decision under these Regulations which has been determined, withdrawn or abandoned, respectively.

Any period during which a person (“P”), who is an EEA national, carried out an activity or was resident in the United Kingdom in accordance with the conditions in subparagraph (2) or (3) is to be treated as a period during which the person carried out that activity or was resident in the United Kingdom in accordance with these Regulations for the purpose of calculating periods of activity and residence there under.

The relevant state for the purpose of subparagraph (3) is the state of which P is, and was at the relevant time, a national.