What Part 1 did
Part 1 of the Immigration (EEA) Regulations 2006 defined the terms the rest of the Regulations relied on. Whether a person had a right of residence, and what documents they could be given, turned on whether they fell within these definitions.
The main definitions
- Qualified person. A jobseeker, a worker, a self-employed person, a self-sufficient person or a student. Only qualified persons had the extended right of residence in their own right.
- Worker, self-employed person, self-sufficient person, student. Each was defined. Self-sufficient persons and students had to hold comprehensive sickness insurance and enough resources not to be a burden on social assistance.
- Worker or self-employed person who has ceased activity. A person who had retired, or had stopped work through permanent incapacity, could keep a right of residence if they met conditions about how long they had worked and lived in the UK.
- Family member. A spouse or civil partner, direct descendants under 21 or who were dependants, and dependent direct relatives in the ascending line of the EEA national or their spouse. A civil partnership or marriage of convenience was excluded.
- Extended family member. A wider class, such as a durable partner, or a relative who was dependent or a member of the household, or needed personal care for serious health reasons. Extended family members were not entitled as of right: the Home Office had to facilitate their entry and residence.
- Family member who has retained the right of residence. A family member who could stay after the EEA national’s death or departure, or after divorce, and in some cases following domestic violence.
Continuity of residence
Part 1 explained how continuity of residence was measured: for example, that absences of up to six months a year, or one absence of up to twelve months for an important reason such as pregnancy, serious illness, study, vocational training or a posting abroad, did not break continuity. The same idea of continuous residence is used now in the EU Settlement Scheme.
Family members of British citizens
Part 1 also extended the rights of EEA family members to the family of a British citizen who had lived in another EEA state exercising treaty rights, the basis of the Surinder Singh route. See EUSS family permit and the Surinder Singh route.
Where the Regulations apply now
The Regulations ended in 2020, but their definitions remain the starting point for reading old documents and for questions about residence before 2021. See old EEA documents.
