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Regulation 15 Permanent right of residenceF1

(1)

The following persons shall acquire the right to reside in the United Kingdom permanently—

(a)

an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;

(b)

a family member of an EEA national who is not himself an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;

(c)

a worker or self-employed person who has ceased activity;

(d)

the family member of a worker or self-employed person who has ceased activity;

(e)

a person who was the family member of a worker or self-employed person where—

(i)

the worker or self-employed person has died;

(ii)

the family member resided with him immediately before his death; and

(iii)

the worker or self-employed person had resided continuously in the United Kingdom for at least the two years immediately before his death or the death was the result of an accident at work or an occupational disease;

(f)

a person who—

(i)

has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years; and

(ii)

was, at the end of that period, a family member who has retained the right of residence.

(F21A)

Residence in the United Kingdom as a result of a derivative right of residence does not constitute residence for the purpose of this regulation.

(2)

F3The right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.

(F43)

A person who satisfies the criteria in this regulation will not be entitled to a permanent right to reside in the United Kingdom where the Secretary of State F5or an immigration officer has made a decision underF6—

(a)

regulation 19(3)(b), 20(1)F7, 20A(1) or 23A; or

(b)

regulation 21B(2) (not including such a decision taken on the basis of regulation 21B(1)(a) or (b)), where that decision was taken in the preceding twelve months.

Annotations

Textual amendments

F1

Regulations revoked (1.2.2017) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), Sch. 4 para. 1 (with savings and modifications for regs. 7A, 7B in Sch. 4 para. 2)

F2

Reg. 15(1A) inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 8(a) (with Sch. 3)

F3

Word in reg. 15(2) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 8(b) (with Sch. 3)

F4

Reg. 15(3) substituted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 8(c) (with Sch. 3)

F5

Words in reg. 15(3) inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 6(a)

F6

Words in reg. 15(3) substituted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 10

F7

Words in reg. 15(3)(a) substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 6(b)