In these Regulations—

• “the 1971 Act” means the Immigration Act 1971 M1;

• “the 1999 Act” means the Immigration and Asylum Act 1999 M2;

• “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

• “the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006 M3;

• “civil partner” does not include—

  1. a

     a party to a civil partnership of convenience; or

  2. b

     the civil partner (“C”) of a person (“P”) where a spouse, civil partner or durable partner of C or P is already present in the United Kingdom;

• “civil partnership of convenience” includes a civil partnership entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—

  1. a

     immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or

  2. b

     any other criteria that the party to the civil partnership of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;

• “Common Travel Area” has the meaning given in section 1(3) of the 1971 Act;

• “decision maker” means the Secretary of State, an immigration officer or an entry clearance officer (as the case may be);

• “deportation order” means an order made under regulation 32(3);

• “derivative residence card” means a card issued to a person under regulation 20;

• “derivative right to reside” means a right to reside under regulation 16;

• “document certifying permanent residence” means a document issued under regulation 19(1);

• “durable partner” does not include—

  1. a

     a party to a durable partnership of convenience; or

  2. b

     the durable partner (“D”) of a person (“P”) where a spouse, civil partner or durable partner of D or P is already present in the United Kingdom and where that marriage, civil partnership or durable partnership is subsisting;

• “durable partnership of convenience” includes a durable partnership entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—

  1. a

     immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or

  2. b

     any other criteria that the party to the durable partnership of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;

• “EEA decision” means a decision under these Regulations that concerns—

  1. a

     a person's entitlement to be admitted to the United Kingdom;

  2. b

     a person's entitlement to be issued with or have renewed, or not to have revoked, a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card (but does not include a decision that an application for the above documentation is invalid);

  3. c

     a person's removal from the United Kingdom; or

  4. d

     the cancellation, under regulation 25, of a person's right to reside in the United Kingdom,

  but does not include a decision to refuse to issue a document under regulation 12(4) (issue of an EEA family permit to an extended family member), 17(5) (issue of a registration certificate to an extended family member) or 18(4) (issue of a residence card to an extended family member), a decision to reject an application under regulation 26(4) (misuse of a right to reside: material change of circumstances), or any decisions under regulation 33 (human rights considerations and interim orders to suspend removal) or 41 (temporary admission to submit case in person);

• “EEA family permit” means a document issued under regulation 12;

• “EEA national” means a national of an EEA State who is not also a British citizen;

• “EEA State” means—

  1. a

     a member State, other than the United Kingdom; or

  2. b

     Liechtenstein, Iceland, Norway or Switzerland;

• “entry clearance” has the meaning given in section 33(1) of the 1971 Act M4;

• “entry clearance officer” means a person responsible for the grant or refusal of entry clearance;

• “exclusion order” means an order made under regulation 23(5);

• “indefinite leave”, “immigration laws” and “immigration rules” have the meanings given in section 33(1) of the 1971 Act;

• “marriage of convenience” includes a marriage entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—

  1. a

     immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or

  2. b

     any other criteria that the party to the marriage of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;

• “military service” means service in the armed forces of an EEA State;

• “permanent residence card” means a document issued under regulation 19(2);

• “qualifying EEA State residence card” means a valid document called a “Residence card of a family member of a Union Citizen” issued under Article 10 of Council Directive 2004/38/ECM5 (as applied, where relevant, by the EEA agreement) by any EEA State (except Switzerland) to a non-EEA family member of an EEA national as proof of the holder's right of residence in that State;

• “registration certificate” means a certificate issued under regulation 17;

• “relevant EEA national” in relation to an extended family member has the meaning given in regulation 8(6);

• “residence card” means a card issued under regulation 18;

• “right to reside” means a right to reside in the United Kingdom under these Regulations (or where so specified, a right to reside under a particular regulation);

• “spouse” does not include—

  1. a

     a party to a marriage of convenience; or

  2. b

     the spouse (“S”) of a person (“P”) where a spouse, civil partner or durable partner of S or P is already present in the United Kingdom.

Section 11 of the 1971 Act (construction of references to entry) M6 applies for the purpose of determining whether a person has entered the United Kingdom for the purpose of these Regulations as it applies for the purpose of determining whether a person has entered the United Kingdom for the purpose of that Act.