{
  "url": "https://openlegislation.uk/immigration-european-economic-area-regulations-2016/regulation-2",
  "json_url": "https://openlegislation.uk/immigration-european-economic-area-regulations-2016/regulation-2.json",
  "legislation": "uksi/2016/1052",
  "legislation_title": "The Immigration (European Economic Area) Regulations 2016",
  "legislation_url": "https://openlegislation.uk/immigration-european-economic-area-regulations-2016",
  "path": "regulation/2",
  "kind": "regulation",
  "number": "2",
  "heading": "General interpretation",
  "text": "(1) In these Regulations—\n“the 1971 Act” means the Immigration Act 1971;\n“the 1999 Act” means the Immigration and Asylum Act 1999;\n“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;\n“the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006;\n“the 2016 Act” means the Immigration Act 2016;\n“civil partner” does not include—\n(a)a party to a civil partnership of convenience; or\n(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;\n“civil partnership of convenience” includes a civil partnership entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—\n(a)immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or\n(b)any other criteria that the party to the civil partnership of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;\n“Common Travel Area” has the meaning given in section 1(3) of the 1971 Act;\n“decision maker” means the Secretary of State, an immigration officer or an entry clearance officer (as the case may be);\n“deportation order” means an order made under regulation 32(3);\n“derivative residence card” means a card issued to a person under regulation 20;\n“derivative right to reside” means a right to reside under regulation 16;\n“document certifying permanent residence” means a document issued under regulation 19(1);\n“durable partner” does not include—\n(a)a party to a durable partnership of convenience; or\n(b)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;\n“durable partnership of convenience” includes a durable partnership entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—\n(a)immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or\n(b)any other criteria that the party to the durable partnership of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;\n“EEA decision” means a decision under these Regulations that concerns—\n(a)a person’s entitlement to be admitted to the United Kingdom;\n(b)a person’s entitlement to be issued with or have renewed, or not to have revoked, an EEA family permit, a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card (but does not include a decision to reject an application for the above documentation as invalid);\n(c)a person’s removal from the United Kingdom; or\n(d)the cancellation, under regulation 25, of a person’s right to reside in the United Kingdom,\nbut does not include ... a decision to refuse an application under regulation 26(4) (misuse of a right to reside: material change of circumstances), or any decisions under regulation 33 (human rights considerations and interim orders to suspend removal) or 41 (temporary admission to submit case in person);\n“EEA family permit” means a document issued under regulation 12;\n“EEA national” means—\n(a)a national of an EEA State who is not also a British citizen; or\n(b)a national of an EEA State who is also a British citizen and who prior to acquiring British citizenship exercised a right to reside as such a national, in accordance with regulation 14 or 15,\nsave that a person does not fall within paragraph (b) if the EEA State of which they are a national became a member State after that person acquired British citizenship.\n“EEA State” means—\n(a)a member State, other than the United Kingdom; or\n(b)Liechtenstein, Iceland, Norway or Switzerland;\n“entry clearance” has the meaning given in section 33(1) of the 1971 Act;\n“entry clearance officer” means a person responsible for the grant or refusal of entry clearance;\n“exclusion order” means an order made under regulation 23(5);\n“indefinite leave”, “immigration laws” and “immigration rules” have the meanings given in section 33(1) of the 1971 Act;\n“marriage of convenience” includes a marriage entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—\n(a)immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or\n(b)any other criteria that the party to the marriage of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;\n“military service” means service in the armed forces of an EEA State;\n“permanent residence card” means a document issued under regulation 19(2);\n“qualifying EEA State residence card” means a 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 any EEA State (except Switzerland) to a non-EEA family member of an EEA national as proof of the holder’s right of residence in that State;\n“registration certificate” means a certificate issued under regulation 17;\n“relevant EEA national” in relation to an extended family member has the meaning given in regulation 8(6);\n“residence card” means a card issued under regulation 18;\n“right to reside” means a right to reside in the United Kingdom under these Regulations (or where so specified, a right to reside under a particular regulation);\n“spouse” does not include—\n(a)a party to a marriage of convenience; or\n(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.\n(2) Section 11 of the 1971 Act (construction of references to entry) applies 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Regulations revoked (31.12.2020) by Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), s. 9(1), Sch. 1 para. 2(2) (with s. 4(2)); S.I. 2020/1279, reg. 4(c) (with savings and modifications in: S.I. 2020/1209, regs. 3(1)(2), 4(1)-(3), 5-10 in relation to a relevant person for the purposes of final determination of applications during the grace period; S.I. 2020/1210, reg. 2, Sch. for the purpose of removing a person who is protected by the citizens’ rights provisions; S.I. 2020/1309, Sch. 3 paras. 1-6 in relation to deportation and exclusion orders, pending applications for documentation and existing appeal rights and appeals; and S.I. 2020/1309, Sch. 4 paras. 1, 2, 4 in relation to access to benefits and services for persons who are members of the post-transition period group)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 2 inserted (15.1.2018) by The Immigration Act 2016 (Consequential Amendments) (Immigration Bail) Regulations 2017 (S.I. 2017/1242), reg. 1, Sch. para. 8(2)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 2(1) inserted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(2)(a)(i)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 2(1) substituted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(2)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 2(1) omitted (28.3.2019) by virtue of The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(2), 3(2)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Word in reg. 2(1) substituted (15.8.2019) by The Immigration (European Economic Area) (Amendment) Regulations 2019 (S.I. 2019/1155), regs. 1, 2(2)(b)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 2(1) substituted (24.7.2018) by The Immigration (European Economic Area) (Amendment) Regulations 2018 (S.I. 2018/801), reg. 1(2), Sch. para. 1"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Reg. 2 continued (with modifications) (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 3 paras. 4-6"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "Reg. 2 continued (with modifications) (31.12.2020) by The Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 (S.I. 2020/1210), regs. 1(1), 2, Sch. para. 2"
    },
    {
      "type": "C",
      "label": "C3",
      "text": "Reg. 2 continued (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), 3(1)(2), 4(1)-(3), 5"
    },
    {
      "type": "C",
      "label": "C4",
      "text": "Reg. 2 continued (with modifications) (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 4 paras. 1, 2, 4 (as amended (2.2.2023) by The Immigration (Restrictions on Employment etc.) (Amendment) (EU Exit) Regulations 2023 (S.I. 2023/12), reg. 5(2)(a))"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "1971 c. 77."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1999 c. 33."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "S.I. 2006/1003 as amended by the Immigration Act 2014 (c. 22), Schedule 1, paragraph 2(5), and S.I. 2006/3317, 2009/1117, 2010/21, 708, 1593, 2011/544, 1247, 2012/1547, 1809, 2560, 2013/1391, 1460, 3032, 2014/1451, 1976, 2761, and 2015/694."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "The relevant part of section 33(1) was amended by the British Nationality Act 1981(c. 61), Schedule 4, paragraph 2, and the Immigration Act 1988 (c. 14), the Schedule, paragraph 5."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ No L 158, 30.4.04, p98."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "Section 11 was amended by the 2002 Act, section 62(8), and S.I 1993/1813 and 2003/1016."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/1052/regulation/2",
    "retrieved_at": "2026-10-28T23:18:35.090277+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}