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5. In regulation 26—
(a)after paragraph (2) insert—
“(2A) If a person claims to be in a durable relationship with an EEA national he may not appeal under these Regulations unless he produces—
(a)a passport; and
(b)either—
(i)an EEA family permit; or
(ii)sufficient evidence to satisfy the Secretary of State that he is in a relationship with that EEA national.”;
(b)in paragraph (3) after “If a person” insert “to whom paragraph (2) does not apply”;
(c)in paragraph (3)(a) omit “a valid national identity card issued by an EEA State or”;
(d)in paragraph (3A) after “right of” insert “entry or”;
(e)in paragraph (3A)(b) for the references to “a derivative right of residence under” substitute “a derivative right of entry or residence as a result of”; and
(f)at the end of paragraph (3A)(b)(iv) for “(i) or (iii).” substitute “(i) or (iii);” and then insert—
“(v)where the person claims to have a derivative right of entry or residence as a result of regulation 15A(4A), he is a direct relative or guardian of a British citizen.”.
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