The Immigration (European Economic Area) Regulations 2016

[F1 PART 2 Savings and modifications

Textual Amendments

F1 Regulations 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)

Modifications etc. (not altering text)

C1 Sch. 4 Pt. 2 continued (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), 10

Accession member States: savings and modifications

2.— (1) Regulations 7A and 7B of the 2006 Regulations (arrangements for accession member States) continue to have effect in relation to any EEA national to whom they applied immediately before 1st February 2017.

(2) Where regulations 7A and 7B continue to have effect—

(a) they do so with the following modifications—

(i) in paragraph (3) of regulation 7A and paragraph (4) of regulation 7B, as though the references to treating periods of involuntary unemployment duly recorded by the relevant employment office as periods of work for the purposes of regulation 5(7)(c) of the 2006 Regulations were to treating such periods of involuntary unemployment as periods of work for the purposes of regulation 6(2) of these Regulations; and

(ii) as though the references to regulations 6(2) (persons who continue to be treated as a worker) and 15 (right of permanent residence) were references to those provisions in these Regulations; and

(b) these Regulations have effect save that regulation 17 (issue of registration certificate) has effect as though, in paragraph (9), for “regulation 24” there were substituted “regulations 7A and 7B of the 2006 Regulations and regulation 24 of these Regulations”.

[F2 Appeals

3.— (1) Notwithstanding the revocation of the 2006 Regulations by paragraph 1(1), those Regulations continue to apply—

(a) in respect of an appeal under those Regulations against an EEA decision which is pending (within the meaning of regulation 25(2) of the 2006 Regulations) on 31st January 2017;

(b) in a case where a person has, on 31st January 2017, a right under those Regulations to appeal against an EEA decision.

(2) For the purposes of this paragraph, “EEA decision” has the meaning given in regulation 2 of the 2006 Regulations and the definition of “EEA decision” in regulation 2 of these Regulations does not apply.]]

Textual Amendments

F2 Sch. 4 para. 3 inserted (31.1.2017) by The Immigration (European Economic Area) (Amendment) Regulations 2017 (S.I. 2017/1), reg. 1(2), Sch. para. 4