The Immigration (European Economic Area) Regulations 2016

[F1Application of Part 4 to a person with a derivative right to reside

This section has no associated Explanatory Memorandum

28.(1) This regulation applies where a person—

(a)would, but for this Part of these Regulations, be entitled to a derivative right to reside (other than a derivative right to reside conferred by regulation 16(3));

(b)holds a derivative residence card; or

(c)has applied for a derivative residence card.

(2) Where this regulation applies, this Part of these Regulations applies as though—

(a)references to “the family member of an EEA national” referred instead to “a person with a derivative right to reside”;

(b)references to a registration certificate, a residence card, a document certifying permanent residence or a permanent residence card referred instead to a “derivative residence card”;

(c)regulation 24(5) instead conferred on an immigration officer the power to revoke a derivative residence card where the holder is not at that time a person with a derivative right to reside; and

(d)regulations 24(4) and 27(3) and (4) were omitted.]

Textual Amendments

F1Regulations 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 etc. (not altering text)

C2Reg. 28 continued (with modifications) (31.12.2020) by S.I. 2026/1309, reg. 1(2), Sch. 3 paras. 4-6