Regulation 2

SCHEDULE 1Amendments to the Immigration (European Economic Area) Regulations 2006

Regulation 2 (general interpretation)

1.  In regulation 2 –

(a)in paragraph (1) —

(i)after the definition of “decision maker” insert –

““deportation order” means an order made pursuant to regulation 24(3);”;

(ii)after the definition of “entry clearance officer” insert –

““exclusion order” means an order made under regulation 19(1B)”;

(b)after paragraph (2) insert –

“(3) Section 11 of the 1971 Act (construction of references to entry)(1) shall apply 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.”.

Regulation 3 (continuity of residence)

2.  In regulation 3(3), for “regulation 19(3)” substitute “these Regulations”.

Regulation 12 (issue of EEA family permit)

3.  In regulation 12(5), after “concerned” insert “is subject to a deportation or exclusion order or”.

Regulation 17 (issue of residence card)

4.  In regulation 17 —

(a)in paragraph (6), omit “entitled “Residence card of a family member of an EEA national” and be”;

(b)after paragraph (6), insert—

“(6A) A residence card issued under this regulation shall be entitled “Residence card of a family member of an EEA national” or “Residence card of a family member who has retained the right of residence”, as the case may be.”;

(c)in paragraph (8), for “regulation 20(1)”, substitute “regulations 20(1) and (1A)”.

Regulation 18 (issue of document certifying permanent residence and a permanent residence card)

5.  In regulation 18 –

(a)in paragraph (3) omit “and regulation 20(3)”;

(b)after paragraph (5), insert—

“(6) But this regulation is subject to regulation 20.”.

Regulation 19 (exclusion and removal from the United Kingdom)

6.  In regulation 19 —

(a)after paragraph (1) insert –

“(1A) A person is not entitled to be admitted to the United Kingdom by virtue of regulation 11 if that person is subject to a deportation or exclusion order.

(1B) If the Secretary of State considers that the exclusion of an EEA national or the family member of an EEA national is justified on the grounds of public policy, public security or public health in accordance with regulation 21 the Secretary of State may make an order for the purpose of these Regulations prohibiting that person from entering the United Kingdom.”;

(b)for paragraph (3) substitute –

“(3) Subject to paragraphs (4) and (5), an EEA national who has entered the United Kingdom or the family member of such a national who has entered the United Kingdom may be removed if –

(a)that person does not have or ceases to have a right to reside under these Regulations; or

(b)the Secretary of State has decided that the person’s removal is justified on grounds of public policy, public security or public health in accordance with regulation 21.”.

Regulation 20 (refusal to issue or renew and revocation of residence documentation)

7.  In regulation 20 –

(a)after paragraph (1) insert –

“(1A) The removal of a person from the United Kingdom under these Regulations invalidates a registration certificate, residence card, document certifying permanent residence or permanent residence card held by that person or an application made by that person for such a certificate, card or document.”;

(b)in paragraph (5), for “An immigration officer may, at the time of a person’s arrival in the United Kingdom, revoke that person’s”, substitute “An entry clearance officer or immigration officer may at any time revoke a person’s”.

Regulation 22 (person claiming right of admission)

8.  For regulation 22(1)(b), substitute—

“(b)an EEA national, where there is reason to believe that he may fall to be excluded under regulation 19(1) or (1A).”.

Regulation 23 (person refused admission)

9.  In regulation 23(1)(b), for “19(1) or (2)” substitute “19(1), (1A) or (2)”.

Regulation 24 (person subject to removal)

10.  In regulation 24 —

(a)for paragraph (1) substitute –

“(1) If there are reasonable grounds for suspecting that a person is someone who may be removed from the United Kingdom under regulation 19(3), that person may be detained under the authority of an immigration officer pending a decision whether or not to remove the person under that regulation, and paragraphs 17 and 18 of Schedule 2 to the 1971 Act(2) shall apply in relation to the detention of such a person as those paragraphs apply in relation to a person who may be detained under paragraph 16 of that Schedule.”;

(b)in paragraphs (2) and (3), for “Where the decision is” substitute – “Where a decision is taken to remove a person”;

(c)for paragraph (4) substitute –

“(4) A person who enters the United Kingdom in breach of a deportation or exclusion order shall be removable as an illegal entrant under Schedule 2 to the 1971 Act and the provisions of that Schedule shall apply accordingly.”.

New regulation 24A (revocation of deportation and exclusion orders)

11.  After regulation 24 insert—

“Revocation of deportation and exclusion orders

24A.—(1) A deportation or exclusion order shall remain in force unless it is revoked by the Secretary of State under this regulation.

(2) A person who is subject to a deportation or exclusion order may apply to the Secretary of State to have it revoked if the person considers that there has been a material change in the circumstances that justified the making of the order.

(3) An application under paragraph (2) shall set out the material change in circumstances relied upon by the applicant and may only be made whilst the applicant is outside the United Kingdom.

(4) On receipt of an application under paragraph (2), the Secretary of State shall revoke the order if the Secretary of State considers that the order can no longer be justified on grounds of public policy, public security or public health in accordance with regulation 21.

(5) The Secretary of State shall take a decision on an application under paragraph (2) no later than six months after the date on which the application is received.”.

Regulation 27 (out of country appeals)

12.  In regulation 27 —

(a)in paragraph (1) –

(i)after sub-paragraph (a) insert –

“(aa)to make an exclusion order against him;”;

(ii)in sub-paragraph (b), after “deportation” insert “or exclusion”;

(iii)for sub-paragraph (d) substitute –

“(d)to remove him from the United Kingdom after he has entered the United Kingdom in breach of a deportation or exclusion order.”;

(b)in paragraph (2) –

(i)for “Paragraph (1)(a) does not apply where” substitute “Paragraphs (1)(a) and (aa) do not apply where the person is in the United Kingdom and”;

(ii)in sub-paragraph (a), for “an EEA family permit, a registration certificate, a residence card, a document certifying permanent residence or a permanent residence card” substitute “a valid EEA family permit, registration certificate, residence card, document certifying permanent residence or permanent residence card”;

(iii)in sub-paragraph (b), after “3 months;” insert “or”;

(iv)in sub-paragraph (c), omit “the person is in the United Kingdom and”.