- Latest available (Revised)
- Point in Time (10/11/2014)
- Original (As made)
Version Superseded: 01/02/2017
Point in time view as at 10/11/2014.
There are currently no known outstanding effects for the The Immigration (European Economic Area) (Amendment) (No. 3) Regulations 2014.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Statutory Instruments
Immigration
Made
14th October 2014
Laid before Parliament
17th October 2014
Coming into force
10th November 2014
The Secretary of State, being a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to measures relating to rights of entry into, and residence in, the United Kingdom, in the exercise of powers conferred by that section, makes the following Regulations.
Marginal Citations
M21972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51), and by section 3(3) of, and Part 1 of Schedule 1 to, the European Union (Amendment) Act 2008 (c. 7).
1. These Regulations may be cited as the Immigration (European Economic Area) (Amendment) (No. 3) Regulations 2014 and come into force on 10th November 2014.
2. In these Regulations—
“the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006 M3;
“the relevant period” has the same meaning as in regulation 6(8) of the 2006 Regulations.
Marginal Citations
M3S.I. 2006/1003; relevant amending instruments are S.I. 2011/544, 2013/3032 and 2014/1451.
3.—(1) Regulation 6 of the 2006 Regulations (“qualified person”) is amended as follows.
(2) In paragraphs (8)(b) and (9)(b), for “182” substitute “ 91 ”.
4.—(1) Any period after 31st December 2013 during which a person enjoyed a right to reside under the 2006 Regulations as a jobseeker is to be taken into account for the purposes of—
(a)determining the relevant period in relation to that person; and
(b)determining whether condition C in regulation 6(9) of the 2006 Regulations applies.
(2) But where calculation of the relevant period pursuant to paragraph (1)(a) would result in a negative balance, the relevant period is to be treated as though it were zero days.
James Brokenshire
Minister of State
Home Office
14th October 2014
(This note is not part of the Regulations)
These Regulations amend the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), as amended, (“the 2006 Regulations”) in order to amend the transposition in the United Kingdom of Directive 2004/38/EC of the European Parliament and the Council of 29 April 2004 on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States (OJ No. L 158, 30.4.04, p77) (“Directive 2004/38/EC”).
Regulation 3 of these Regulations amends regulation 6 of the 2006 Regulations to provide that the “relevant period” (as defined in regulation 6(8) of the 2006 Regulations) during which a person is entitled to enjoy a right to reside in the United Kingdom as a jobseeker is 91 days. When combined with the initial three months of residence conferred by regulation 13 of the 2006 Regulations, a jobseeker who entered the United Kingdom in order to seek employment will be able to enjoy a right to reside for six months, which is consistent with Case C-292/89 Antonissen. Upon the expiry of the relevant period, a jobseeker will be able to enjoy a further period of residence in the United Kingdom to the extent that “he can provide compelling evidence that he is continuing to seek employment and has a genuine chance of being engaged” (regulation 6(7) of the 2006 Regulations).
A jobseeker who is already resident in the United Kingdom will also be able to enjoy jobseeker status for 91 days before being subject to the “compelling evidence” test contained in regulation 6(6) of the 2006 Regulations.
There are no changes to the six month period during which a person is entitled to retain worker status pursuant to regulation 6 of the 2006 Regulations.
Regulation 4 contains transitional provision. Periods of time spent as a jobseeker after 31st December 2013, but prior to the coming into force of these Regulations, are to be taken into account for the purposes of determining the relevant period. However, where such calculation of the relevant period would result in a negative balance, it is to be taken to be zero. Such periods are also to be taken into consideration for the purposes of determining whether condition C in regulation 6(9) of the 2006 Regulations applies. Condition C is an additional criterion which has to be satisfied in order to enjoy a repeat period of residence as a jobseeker.
An impact assessment has not been produced for these Regulations as no impact on business, charities, voluntary bodies or the public sector is foreseen.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: