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Regulation 15A Derivative right of residenceF1F2

(1)

A person (“P”) who is not F3an exempt person and who satisfies the criteria in paragraph (2), (3), (4)F4, (4A) or (5) of this regulation is entitled to a derivative right to reside in the United Kingdom for as long as P satisfies the relevant criteria.

(2)

P satisfies the criteria in this paragraph if—

(a)

P is the primary carer of an EEA national (“the relevant EEA national”); and

(b)

the relevant EEA national—

(i)

is under the age of 18;

(ii)

is residing in the United Kingdom as a self-sufficient person; and

(iii)

would be unable to remain in the United Kingdom if P were required to leave.

(3)

P satisfies the criteria in this paragraph if—

(a)

P is the child of an EEA national (“the EEA national parent”);

(b)

P resided in the United Kingdom at a time when the EEA national parent was residing in the United Kingdom as a worker; and

(c)

P is in education in the United Kingdom and was in education there at a time when the EEA national parent was in the United Kingdom.

(4)

P satisfies the criteria in this paragraph if—

(a)

P is the primary carer of a person meeting the criteria in paragraph (3) (“the relevant person”); and

(b)

the relevant person would be unable to continue to be educated in the United Kingdom if P were required to leave.

(F54A)

P satisfies the criteria in this paragraph if—

(a)

P is the primary carer of a British citizen (“the relevant British citizen”);

(b)

the relevant British citizen is residing in the United Kingdom; and

(c)

the relevant British citizen would be unable to reside in the UK or in another EEA State if P were required to leave.

(5)

P satisfies the criteria in this paragraph if—

(a)

P is under the age of 18;

(b)

P’s primary carer is entitled to a derivative right to reside in the United Kingdom by virtue of paragraph (2) or (4);

(c)

P does not have leave to enter, or remain in, the United Kingdom; and

(d)

requiring P to leave the United Kingdom would prevent P’s primary carer from residing in the United Kingdom.

(6)

For the purpose of this regulation—

(a)

“education” excludes nursery education; F6 ...

(b)

“worker” does not include a jobseeker or a person who falls to be regarded as a worker by virtue of F7regulation 6(2); and

(F8c)

“an exempt person” is a person—

(i)

who has a right to reside in the United Kingdom as a result of any other provision of these Regulations;

(ii)

who has a right of abode in the United Kingdom by virtue of section 2 of the 1971 Act;

(iii)

to whom section 8 of the 1971 Act, or any order made under subsection (2) of that provision, applies; or

(iv)

who has indefinite leave to enter or remain in the United Kingdom.

(7)

P is to be regarded as a “primary carer” of another person if

(a)

P is a direct relative or a legal guardian of that person; and

(b)

P—

(i)

is the person who has primary responsibility for that person’s care; or

(F9ii)

shares equally the responsibility for that person’s care with one other person who is not an exempt person.

(F107A)

Where P is to be regarded as a primary carer of another person by virtue of paragraph (7)(b)(ii) the criteria in paragraphs (2)(b)(iii), (4)(b) and (4A)(c) shall be considered on the basis that both P and the person with whom care responsibility is shared would be required to leave the United Kingdom.

(7B)

Paragraph (7A) does not apply if the person with whom care responsibility is shared acquired a derivative right to reside in the United Kingdom as a result of this regulation prior to P assuming equal care responsibility.

(8)

P will not be regarded as having responsibility for a person’s care for the purpose of paragraph (7) on the sole basis of a financial contribution towards that person’s care.

(9)

A person who otherwise satisfies the criteria in paragraph (2), (3), (4)F11, (4A) or (5) will not be entitled to a derivative right to reside in the United Kingdom where the Secretary of State F12or an immigration officer has made a decision underF13—

(a)

regulation 19(3)(b), 20(1)F14, 20A(1) or 23A; or

(b)

regulation 21B(2), 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. 15A inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547), reg. 2(1), Sch. 1 para. 9 (with Sch. 3)

F3

Words in reg. 15A(1) substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(a)(i)

F4

Words in reg. 15A(1) inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(a)(ii)

F5

Reg. 15A(4A) inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(b)

F6

Word in reg. 15A(6)(a) deleted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(c)(i)

F7

Words in reg. 15A(6)(b) substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(c)(ii)

F8

Reg. 15A(6)(c) inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(c)(ii)

F9

Reg. 15A(7)(b)(ii) substituted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(d)

F10

Reg. 15A(7A)(7B) inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(e)

F11

Words in reg. 15A(9) inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560), reg. 1, Sch. para. 3(f)

F12

Words in reg. 15A(9) inserted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 7(a)

F13

Words in reg. 15A(9) substituted (1.1.2014) by The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 11

F14

Words in reg. 15A(9)(a) substituted (6.4.2015) by The Immigration (European Economic Area) (Amendment) Regulations 2015 (S.I. 2015/694), reg. 2, Sch. 1 para. 7(b)