The Immigration (European Economic Area) Regulations 2016

Procedure for applications for documentation under this Part and regulation 12U.K.

This section has no associated Explanatory Memorandum

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 or joined by the evidence or proof required by this Part or regulation 12, as the case may be, as well as that required by paragraph (4), 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.

(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 or joined 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.