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The Immigration (European Economic Area) Regulations 2016
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- UK Statutory Instruments
- 2016 No. 1052
- PART 3
- Regulation 22
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Changes over time for: Section 22
Version Superseded: 31/12/2020
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- 01/02/2017- Amendment
- 01/02/2017
Point in time - 31/12/2020- Amendment
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Verification of a right of residenceU.K.
This section has no associated Explanatory Memorandum
22.—(1) This regulation applies where the Secretary of State—
(a)has reasonable doubt as to whether a person (“A”) has a right to reside or a derivative right to reside; or
(b)wants to verify the eligibility of a person (“A”) to apply for an EEA family permit or documentation issued under Part 3.
(2) Where this regulation applies, the Secretary of State may invite A to—
(a)provide evidence to support the existence of a right to reside or a derivative right to reside (as the case may be), or to support an application for an EEA family permit or documentation under this Part; or
(b)attend an interview with the Secretary of State.
(3) If A purports to have a right to reside on the basis of a relationship with another person (“B”), (including, where B is a British citizen, through having lived with B in another EEA State), the Secretary of State may invite B to—
(a)provide information about their relationship or residence in another EEA State; or
(b)attend an interview with the Secretary of State.
(4) If without good reason A or B (as the case may be)—
(a)fails to provide the information requested;
(b)on at least two occasions, fails to attend an interview if so invited;
the Secretary of State may draw any factual inferences about A's entitlement to a right to reside as appear appropriate in the circumstances.
(5) The Secretary of State may decide following the drawing of an inference under paragraph (4) that A does not have or ceases to have a right to reside.
(6) But the Secretary of State must not decide that A does not have or ceases to have a right to reside on the sole basis that A failed to comply with this regulation.
(7) This regulation may not be invoked systematically.
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