Paragraph 5 Regulation 26 (appeal rights)

after paragraph (2) insert—

“(2A)

If a person claims to be in a durable relationship with an EEA national he may not appeal under these Regulations unless he produces—

(a)

a passport; and

(b)

either—

(i)

an EEA family permit; or

(ii)

sufficient evidence to satisfy the Secretary of State that he is in a relationship with that EEA national.”;

in paragraph (3) after “If a person” insert “ to whom paragraph (2) does not apply ”;

in paragraph (3)(a) omit “a valid national identity card issued by an EEA State or”;

in paragraph (3A) after “right of” insert “ entry or ”;

in paragraph (3A)(b) for the references to “a derivative right of residence under” substitute “ a derivative right of entry or residence as a result of ”; and

at the end of paragraph (3A)(b)(iv) for “(i) or (iii).” substitute “ (i) or (iii); ” and then insert—

“(v)

where the person claims to have a derivative right of entry or residence as a result of regulation 15A(4A), he is a direct relative or guardian of a British citizen.”.