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Regulation 22 Verification of a right of residenceF1C1C2

(1)

This regulation applies where the Secretary of State—

(a)

has reasonable doubt as to whether a person (“A”) has a right to reside or a derivative right to reside; or

(b)

wants to verify the eligibility of a person (“A”) to apply for an EEA family permit or documentation issued under Part 3.

(2)

Where this regulation applies, the Secretary of State may invite A to—

(a)

provide evidence to support the existence of a right to reside or a derivative right to reside (as the case may be), or to support an application for an EEA family permit or documentation under this Part; or

(b)

attend an interview with the Secretary of State.

(3)

If A purports to have a right to reside on the basis of a relationship with another person (“B”), (including, where B is a British citizen, through having lived with B in another EEA State), the Secretary of State may invite B to—

(a)

provide information about their relationship or residence in another EEA State; or

(b)

attend an interview with the Secretary of State.

(4)

If without good reason A or B (as the case may be)—

(a)

fails to provide the information requested;

(b)

on at least two occasions, fails to attend an interview if so invited;

the Secretary of State may draw any factual inferences about A’s entitlement to a right to reside as appear appropriate in the circumstances.

(5)

The Secretary of State may decide following the drawing of an inference under paragraph (4) that A does not have or ceases to have a right to reside.

(6)

But the Secretary of State must not decide that A does not have or ceases to have a right to reside on the sole basis that A failed to comply with this regulation.

(7)

This regulation may not be invoked systematically.

Annotations

Textual amendments

F1

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)

Modifications

C1

Reg. 22 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), 6

C2

Reg. 22 continued (31.12.2020) by S.I. 2022/1309, reg. 1(2), Sch. 3 paras. 4-6