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The Immigration (European Economic Area) Regulations 2000

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Family members of United Kingdom nationals

11.—(1) If the conditions in paragraph (2) are satisfied, these Regulations apply to a person who is the family member of a United Kingdom national returning to the United Kingdom as if that person were the family member of an EEA national.

(2) The conditions are that—

(a)after leaving the United Kingdom, the United Kingdom national resided in an EEA State and—

(i)was employed there (other than on a transient or casual basis); or

(ii)established himself there as a self-employed person;

(b)the United Kingdom national did not leave the United Kingdom in order to enable his family member to acquire rights under these Regulations and thereby to evade the application of United Kingdom immigration law;

(c)on his return to the United Kingdom, the United Kingdom national would, if he were an EEA national, be a qualified person; and

(d)if the family member of the United Kingdom national is his spouse, the marriage took place, and the parties lived together in an EEA State, before the United Kingdom national returned to the United Kingdom.

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