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The Immigration (European Economic Area) Regulations 2016

S.I. 2016/1052 · Made 2 November 2016

Up to date with all changes known to legislation.gov.uk, revised to 12 August 2026.

Immigration

Made 2nd November 2016

Laid before Parliament 3rd November 2016

Coming into force in accordance with regulation 1(2)

The Secretary of State, being a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to measures relating to rights of entry into, and residence in, the United Kingdom, in exercise of the powers conferred by that section and those conferred by section 109 of the Nationality, Immigration and Asylum Act 2002f3, makes the following Regulations.C1C2

Annotations to the whole text

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

Regulations extended (with modifications) (31.3.2021) by S.I. 2003/2818, art. 11(1)(e), Sch. 2 (as amended by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), art. 2(7)(e))

C2

Regulations extended (with modifications) (31.3.2021) by S.I. 2003/2818, art. 11(1), Sch. 2 (as amended by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(e)(i)(ii))

Footnotes

f1

S.I. 2000/1813.

f2

1972 c. 68.

f3

2002 c. 41.

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation and commencement
  3. 2General interpretation
  4. 3Continuity of residence
  5. 4“Worker”, “self-employed person”, “self-sufficient person” and “student”
  6. 5“Worker or self-employed person who has ceased activity”
  7. 6“Qualified person”
  8. 7“Family member”
  9. 8“Extended family member”
  10. 9Family members and extended family members of British citizens
  11. 9ADual national: national of an EEA State who acquires British citizenship
  12. 10“Family member who has retained the right of residence”
  13. Part 2: EEA RIGHTS
  14. 11Right of admission to the United Kingdom
  15. 12Issue of EEA family permit
  16. 13Initial right of residence
  17. 14Extended right of residence
  18. 15Right of permanent residence
  19. 16Derivative right to reside
  20. Part 3: RESIDENCE DOCUMENTATION
  21. 17Issue of registration certificate
  22. 18Issue of residence card
  23. 19Issue of a document certifying permanent residence and a permanent residence card
  24. 20Issue of a derivative residence card
  25. 21Procedure for applications for documentation under this Part and regulation 12
  26. 22Verification of a right of residence
  27. Part 4: REFUSAL OF ADMISSION AND REMOVAL ETC
  28. 23Exclusion and removal from the United Kingdom
  29. 24Refusal to issue or renew and revocation of residence documentation
  30. 25Cancellation of a right of residence
  31. 26Misuse of a right to reside
  32. 27Decisions taken on grounds of public policy, public security and public health
  33. 28Application of Part 4 to a person with a derivative right to reside
  34. Part 5: PROCEDURE IN RELATION TO EEA DECISIONS
  35. 29Person claiming right of admission
  36. 30Person refused admission
  37. 31Revocation of admission
  38. 32Person subject to removal
  39. 33Human rights considerations and interim orders to suspend removal
  40. 34Revocation of deportation and exclusion orders
  41. Part 6: APPEALS UNDER THESE REGULATIONS
  42. 35Interpretation of Part 6
  43. 36Appeal rights
  44. 37Out of country appeals
  45. 38Appeals to the Commission
  46. 39National Security: EEA Decisions
  47. 40Effect of appeals to the First-tier Tribunal or Upper Tribunal
  48. 41Temporary admission to submit case in person
  49. 42Alternative evidence of identity and nationality
  50. Part 7: GENERAL
  51. 43Effect on other legislation
  52. 44Substitution of regulation 9 of the 2006 Regulations Repealed
  53. 45Revocations, savings, transitory and transitional provisions and consequential modifications
  54. 46Revocation of regulation 44 and Schedule 5
  55. Signature
  56. Schedule 1: CONSIDERATIONS OF PUBLIC POLICY, PUBLIC SECURITY AND THE FUNDAMENTAL INTERESTS OF SOCIETY ETC.
  57. 1Considerations of public policy and public security
  58. 2Application of paragraph 1 to the United Kingdom
  59. 3Application of paragraph 1 to the United Kingdom
  60. 4Application of paragraph 1 to the United Kingdom
  61. 5Application of paragraph 1 to the United Kingdom
  62. 6Application of paragraph 1 to the United Kingdom
  63. 7The fundamental interests of society
  64. Schedule 2: APPEALS TO THE FIRST-TIER TRIBUNAL
  65. 1Paragraph 1
  66. 1AParagraph 1A
  67. 2Paragraph 2
  68. 3Paragraph 3
  69. Schedule 3: EFFECT ON OTHER LEGISLATION
  70. 1Leave under the 1971 Act
  71. 2Person not subject to restriction on the period for which they may remain
  72. 3Carriers’ liability under the 1999 Act
  73. Schedule 4: REVOCATIONS AND SAVINGS
  74. Part 1: Table of Revocations
  75. 1Paragraph 1
  76. Part 2: Savings and modifications
  77. 2Accession member States: savings and modifications
  78. 3Appeals
  79. Schedule 5: TRANSITORY PROVISIONS Repealed
  80. 1Substitution of regulation 9 of the 2006 Regulations Repealed
  81. 2Outstanding applications Repealed
  82. Schedule 6: TRANSITIONAL PROVISIONS
  83. 1Interpretation
  84. 2Existing documents
  85. 3Verification of a right of residence
  86. 4Outstanding applications
  87. 5Removal decisions, deportation orders and exclusion orders under the 2006 Regulations
  88. 6Certification under regulations 24AA and 29AA of the 2006 Regulations
  89. 7Appeals to the Commission
  90. 8Periods of residence prior to the coming into force of these Regulations
  91. 9Preservation of transitional provisions in relation to family members of dual nationals
  92. Schedule 7: CONSEQUENTIAL MODIFICATIONS
  93. 1Paragraph 1
  94. Explanatory note