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3.—(1) For the purposes of these Regulations a person shall be treated as an authorised family members if he is the family member of—
(a)an accession State national subject to worker authorisation who has a right to reside in the United Kingdom under regulation 14(1) of the 2006 Regulations, unless that national only has a right to reside under that regulation by virtue of his status as a worker and he is working as an au pair, a seasonal agricultural worker or under the Sectors Based Scheme; or
(b)a student who is not an accession State national subject to worker authorisation solely by virtue of falling within regulation 2(10).
(2) The spouse or civil partner of a person who has leave to enter or remain in the United Kingdom under the 1971 Act that allows him to work in the United Kingdom shall also be treated as an authorised family member.
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