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Regulation 21A Application of Part 4 to persons with a derivative right of residenceF1F2

(1)

Where this regulation applies Part 4 of these Regulations applies subject to the modifications listed in paragraph (3).

(2)

This regulation applies where a person—

(a)

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);

(b)

holds a derivative residence card; or

(c)

has applied for a derivative residence card.

(3)

Where this regulation applies Part 4 applies in relation to the matters listed in paragraph (2) as if—

(a)

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”;

(b)

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”;

(c)

references to “the family member of an EEA national” referred instead to “a person with a derivative right of residence”;

(d)

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”;

(e)

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.

(f)

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

(g)

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)