{
  "url": "https://openlegislation.uk/immigration-european-economic-area-amendment-no-3-regulations-2014/note",
  "json_url": "https://openlegislation.uk/immigration-european-economic-area-amendment-no-3-regulations-2014/note.json",
  "legislation": "uksi/2014/2761",
  "legislation_title": "The Immigration (European Economic Area) (Amendment) (No. 3) Regulations 2014",
  "legislation_url": "https://openlegislation.uk/immigration-european-economic-area-amendment-no-3-regulations-2014",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), as amended, (“the 2006 Regulations”) in order to amend the transposition in the United Kingdom of Directive 2004/38/EC of the European Parliament and the Council of 29 April 2004 on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States (OJ No. L 158, 30.4.04, p77) (“Directive 2004/38/EC”).\nRegulation 3 of these Regulations amends regulation 6 of the 2006 Regulations to provide that the “relevant period” (as defined in regulation 6(8) of the 2006 Regulations) during which a person is entitled to enjoy a right to reside in the United Kingdom as a jobseeker is 91 days. When combined with the initial three months of residence conferred by regulation 13 of the 2006 Regulations, a jobseeker who entered the United Kingdom in order to seek employment will be able to enjoy a right to reside for six months, which is consistent with Case C-292/89 Antonissen. Upon the expiry of the relevant period, a jobseeker will be able to enjoy a further period of residence in the United Kingdom to the extent that “he can provide compelling evidence that he is continuing to seek employment and has a genuine chance of being engaged” (regulation 6(7) of the 2006 Regulations).\nA jobseeker who is already resident in the United Kingdom will also be able to enjoy jobseeker status for 91 days before being subject to the “compelling evidence” test contained in regulation 6(6) of the 2006 Regulations.\nThere are no changes to the six month period during which a person is entitled to retain worker status pursuant to regulation 6 of the 2006 Regulations.\nRegulation 4 contains transitional provision. Periods of time spent as a jobseeker after 31st December 2013, but prior to the coming into force of these Regulations, are to be taken into account for the purposes of determining the relevant period. However, where such calculation of the relevant period would result in a negative balance, it is to be taken to be zero. Such periods are also to be taken into consideration for the purposes of determining whether condition C in regulation 6(9) of the 2006 Regulations applies. Condition C is an additional criterion which has to be satisfied in order to enjoy a repeat period of residence as a jobseeker.\nAn impact assessment has not been produced for these Regulations as no impact on business, charities, voluntary bodies or the public sector is foreseen.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2014/2761/note",
    "retrieved_at": "2026-10-28T23:59:33.610661+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}