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There are currently no known outstanding effects for the The Immigration (European Economic Area) Regulations 2016, Section 21.
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21.—(1) An application for documentation under this Part, or for an EEA family permit under regulation 12, must be made—
(a)online, submitted electronically using the relevant pages of www.gov.uk; or
(b)by post or in person, using the relevant application form specified by the Secretary of State on www.gov.uk.
(2) All applications must—
(a)be accompanied F2... by the evidence or proof required by this Part or regulation 12, as the case may be, as well as that required by paragraph [F3(5)], within the time specified by the Secretary of State on www.gov.uk; and
(b)be complete.
(3) An application for a residence card or a derivative residence card must be submitted while the applicant is in the United Kingdom.
(4) When an application is submitted otherwise than in accordance with the requirements in this regulation, it is invalid [F4and must be rejected].
[F5(4A) An application for documentation under this Part, or for an EEA family permit under regulation 12, is invalid where the person making the application is subject to a removal decision made under regulation 23(6)(b), a deportation order made under regulation 32(3) or an exclusion order made under regulation 23(5).]
(5) Where an application for documentation under this Part is made by a person who is not an EEA national on the basis that the person is or was the family member of an EEA national or an extended family member of an EEA national, the application must be accompanied F6... by a valid national identity card or passport in the name of that EEA national.
(6) Where—
(a)there are circumstances beyond the control of an applicant for documentation under this Part; and
(b)as a result, the applicant is unable to comply with the requirements to submit an application online or using the application form specified by the Secretary of State,
the Secretary of State may accept an application submitted by post or in person which does not use the relevant application form specified by the Secretary of State.]
Textual Amendments
F1Regulations revoked (31.12.2020) by Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), s. 9(1), Sch. 1 para. 2(2) (with s. 4(2)); S.I. 2020/1279, reg. 4(c) (with savings and modifications in: S.I. 2020/1209, regs. 3(1)(2), 4(1)-(3), 5-10 in relation to a relevant person for the purposes of final determination of applications during the grace period; S.I. 2020/1210, reg. 2, Sch. for the purpose of removing a person who is protected by the citizens’ rights provisions; S.I. 2020/1309, Sch. 3 paras. 1-6 in relation to deportation and exclusion orders, pending applications for documentation and existing appeal rights and appeals; and S.I. 2020/1309, Sch. 4 paras. 1, 2, 4 in relation to access to benefits and services for persons who are members of the post-transition period group)
F2Words in reg. 21(2)(a) omitted (24.7.2018) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 11(a)
F3Word in reg. 21(2)(a) substituted (31.1.2017) by The Immigration (European Economic Area) (Amendment) Regulations 2017 (S.I. 2017/1), reg. 1(2), Sch. para. 2
F4Words in reg. 21(4) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(8)
F5Reg. 21(4A) inserted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 11(b)
F6Words in reg. 21(5) omitted (24.7.2018) by virtue of The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 11(c)
Modifications etc. (not altering text)
C1Reg. 21 continued (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(1)(2), 4(1)-(3), 6
C2Reg. 21 continued (31.12.2020) by S.I. 2021/1309, reg. 1(2), Sch. 3 paras. 4-6
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