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

Regulation 26 (appeal rights)

This section has no associated Explanatory Memorandum

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..