{
  "url": "https://openlegislation.uk/immigration-european-economic-area-regulations-2016/regulation-22",
  "json_url": "https://openlegislation.uk/immigration-european-economic-area-regulations-2016/regulation-22.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/22",
  "kind": "regulation",
  "number": "22",
  "heading": "Verification of a right of residence",
  "text": "(1) This regulation applies where the Secretary of State—\n(a) has reasonable doubt as to whether a person (“A”) has a right to reside or a derivative right to reside; or\n(b) wants to verify the eligibility of a person (“A”) to apply for an EEA family permit or documentation issued under Part 3.\n(2) Where this regulation applies, the Secretary of State may invite A to—\n(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\n(b) attend an interview with the Secretary of State.\n(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—\n(a) provide information about their relationship or residence in another EEA State; or\n(b) attend an interview with the Secretary of State.\n(4) If without good reason A or B (as the case may be)—\n(a) fails to provide the information requested;\n(b) on at least two occasions, fails to attend an interview if so invited;\nthe Secretary of State may draw any factual inferences about A’s entitlement to a right to reside as appear appropriate in the circumstances.\n(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.\n(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.\n(7) This regulation may not be invoked systematically.",
  "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": "C",
      "label": "C1",
      "text": "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"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "Reg. 22 continued (31.12.2020) by S.I. 2022/1309, reg. 1(2), Sch. 3 paras. 4-6"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2016/1052/regulation/22",
    "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."
}