Regulation 21A Application of Part 4 to persons with a derivative right of residenceF1F2
Where this regulation applies Part 4 of these Regulations applies subject to the modifications listed in paragraph (3).
This regulation applies where a person—
would, notwithstanding Part 4 of these Regulations, have a right to be admitted to, or reside in, the United Kingdom by virtue of a derivative right of residence arising under regulation 15A(2), (4)F3, (4A) or (5);
holds a derivative residence card; or
has applied for a derivative residence card.
Where this regulation applies Part 4 applies in relation to the matters listed in paragraph (2) as if—
references to a matter being F4 ...justified on grounds of public policy, public security or public health in accordance with regulation 21 ... referred instead to a matter being “conducive to the public good”;
the reference in regulation 20(5)(a) to a matter being “justified on grounds of public policy, public security or public health” referred instead to a matter being “conducive to the public good”;
references to “the family member of an EEA national” referred instead to “a person with a derivative right of residence”;
references to “a registration certificate, a residence card, a document certifying permanent residence or a permanent residence card” referred instead to “a derivative residence card”;
the reference in regulation 19(1A) to a deportation or exclusion order referred also to a deportation or exclusion order made under any provision of the immigration Acts.
regulation 20(4) instead conferred on an immigration officer the power to revoke a derivative residence card where the holder is not at that time a person with a derivative right of residence; and
regulations 20(3), 20(6) and 21 were omitted.
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. 21A inserted (16.7.2012) by The Immigration (European Economic Area) (Amendment) Regulations 2012 (S.I. 2012/1547) , reg. 2(1) , Sch. 1 para. 14 (with Sch. 3 )
- F3
-
Words in reg. 21A(2)(a) inserted (8.11.2012) by The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2012 (S.I. 2012/2560) , reg. 1 , Sch. para. 4
- F4
-
Reg. 21A(3)(a) quotation marks omitted (1.1.2014) by virtue of The Immigration (European Economic Area) (Amendment) (No.2)Regulations2013 (S.I. 2013/3032), reg. 2(1), Sch. 1 para. 17 (with Sch. 3 para. 3)