Regulation 2 General interpretationF1

In these Regulations—

• “the 1971 Act” means the Immigration Act 1971 M1;

• “the 1999 Act” means the Immigration and Asylum Act 1999 M2;

• “the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;

• F2 the 2014 Act ” means the Immigration Act 2014;

• F3 “the Accession Regulations ” means the Accession (Immigration and Worker Registration) Regulations 2004;

• F4“civil partner” does not include—

  1. (a)

     a party to a civil partnership of convenience; or

  2. (b)

     the civil partner (“C”) of a person (“P”) where a spouse, civil partner or durable partner of C or P is already present in the United Kingdom;

• “decision maker” means the Secretary of State, an immigration officer or an entry clearance officer (as the case may be);

• F5“deportation order” means an order made pursuant to regulation 24(3);

• F6“derivative residence card” means a card issued to a person, in accordance with regulation 18A, as proof of the holder’s derivative right to reside in the United Kingdom as at the date of issue;

• “document certifying permanent residence” means a document issued to an EEA national, in accordance with regulation 18, as proof of the holder's permanent right of residence under regulation 15 as at the date of issue;

• “durable partner” does not include the durable partner (“D”) of a person (“P”) where a spouse, civil partner or durable partner of D or P is already present in the United Kingdom and where that marriage, civil partnership or durable partnership is subsisting;

• F7 “ EEA decision” means a decision under these Regulations that concerns—

  1. (a)

     a person’s entitlement to be admitted to the United Kingdom;

  2. (b)

     a person’s entitlement to be issued with or have renewed, or not to have revoked, a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card;

  3. (c)

     a person’s removal from the United Kingdom; or

  4. (d)

     the cancellation, pursuant to regulation 20A, of a person’s right to reside in the United Kingdom F8;

• but does not include decisions under regulations 24AA (human rights considerations and interim orders to suspend removal) or 29AA (temporary admission in order to submit case in person);

• “EEA family permit” means a document issued to a person, in accordance with regulation 12, in connection with his admission to the United Kingdom;

• “EEA national” means a national of an EEA State F9who is not also a F10British citizen;

• “EEA State” means—

  1. (a)

     a member State, other than the United Kingdom;

  2. (b)

     Norway, Iceland or Liechtenstein; or

  3. (c)

     Switzerland;

• “entry clearance” has the meaning given in section 33(1) of the 1971 Act M3;

• “entry clearance officer” means a person responsible for the grant or refusal of entry clearance;

• F11“exclusion order” means an order made under regulation 19(1B);

• “immigration rules” has the meaning given in section 33(1) of the 1971 Act;

• “military service” means service in the armed forces of an EEA State;

• “permanent residence card” means a card issued to a person who is not an EEA national, in accordance with regulation 18, as proof of the holder's permanent right of residence under regulation 15 as at the date of issue;

• F12 “F13... qualifying EEA State residence card” means—

  1. (a)

     F14a valid document called a “Residence card of a family member of a Union Citizen” issued under Article 10 of Council Directive 2004/38/EC (as applied, where relevant, by the EEA Agreement) by an EEA State listed in sub-paragraph (b) to a non- EEA family member of an EEA national as proof of the holder’s right of residence in that State;

  2. (b)

     F15 any EEA State, except Switzerland ;

• “registration certificate” means a certificate issued to an EEA national, in accordance with regulation 16, as proof of the holder's right of residence in the United Kingdom as at the date of issue;

• “relevant EEA national” in relation to an extended family member has the meaning given in regulation 8(6);

• “residence card” means a card issued to a person who is not an EEA national, in accordance with regulation 17, as proof of the holder's right of residence in the United Kingdom as at the date of issue;

• F16“spouse” does not include—

  1. (a)

     a party to a marriage of convenience; or

  2. (b)

     the spouse (“S”) of a person (“P”) where a spouse, civil partner or durable partner of S or P is already present in the United Kingdom;

• F17...

Paragraph (1) is subject to paragraph 1(a) of Schedule 4 (transitional provisions).

Section 11 of the 1971 Act (construction of references to entry) shall apply for the purpose of determining whether a person has entered the United Kingdom for the purpose of these Regulations as it applies for the purpose of determining whether a person has entered the United Kingdom for the purpose of that Act.