The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012

Regulation 26 (appeal rights)

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.”.