Amendment of regulation 12

6.  In regulation 12 (persons treated as not being in Great Britain)—

(a) in paragraph (4)—

(i) in sub-paragraph (a), omit “or Article 6 of Council Directive 2004/38/EC”;

(ii) omit sub-paragraph (ab);

(iii) in sub-paragraph (b)—

(aa) for “15A(1)” substitute “16”;

(bb) for “(4A)” substitute “(5)”;

(cc) omit the words from “or Article 20” to the end;

(b) after paragraph (4) insert—

“(4A) For the purposes of paragraph (3), a right to reside does not include a right which exists by virtue of a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971(1) by virtue of—

(a) article 3 (grant of leave to EEA and Swiss nationals) of the Immigration (European Economic Area Nationals) (EU Exit) Order 2019(2) made under section 3A of that Act;

(b) Appendix EU to the immigration rules made under section 3(2) of that Act; or

(c) being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act.”;

(c) in paragraph (5)—

(i) after sub-paragraph (h), insert “or”;

(ii) at the end of sub-paragraph (ha), omit “or”;

(iii) omit sub-paragraph (i);

(d) in paragraph (8), in the definition of “EEA Regulations” for “2006” substitute “2016(3)”.

(1)

1971 c.77.

(2)

S.I. 2019/686.

(3)

S.I. 2016/1052; relevant amending instruments are S.I. 2018/801, 2019/468, 2019/745 and 2019/1383.