Explanatory note

This Order amends the Immigration (European Economic Area) Order 1994 (S.I. 1994/1895) (“the principal Order”) so as to implement certain requirements of three EC Directives.

Article 6(2)(h) of the principal Order presently defines a student who qualifies for rights of admission and residence here as a person inter alia who has sufficient resources to avoid his becoming a burden on the social assistance system of the United Kingdom. The amendment made by article 2(a) of this Order substitutes for this a requirement for the person to satisfy the Secretary of State that he has such resources by means of a declaration or other, equivalent means. It reflects the requirements of article 1 of EC Directive 93/96/EEC (O.J. No. L317, 18.12.93, p. 59) on the right of residence for students.

Article 12(6) of the principal Order presently provides that a residence permit (which is normally granted for 5 years) may, in the case of a retired person or a self-sufficient person, be limited to an initial period of 2 years which may be extended for a further three. The amendment made by article 2(b) substitutes a power for the Secretary of State, if he deems it necessary, to require revalidation of the residence permit at the end of the first two years of residence. The amendment reflects the requirements of Article 2.1 of EC Directive 90/365/EEC (O.J. No. L180, 13.7.90, p. 28) on the right of residence for employees and self-employed persons who have ceased their occupational activity and Article 2.1 of EC Directive 90/364 (O.J. No. L180, 13.7.90, p. 26) on the right of residence.