What Part 2 did
Part 2 of the Immigration (EEA) Regulations 2006 set out the rights themselves: to be admitted to the UK, and to reside here at each stage, from the first three months to permanent residence.
The rights in order
| Right | Who had it and on what terms |
|---|---|
| Admission (regulation 11) | An EEA national had to be admitted on producing a valid national identity card or passport. A non-EEA family member had to be admitted on producing a valid passport and an EEA family permit, or a qualifying residence card from another EEA state. |
| EEA family permit | Issued to a family member, or extended family member, who wished to travel to join or accompany an EEA national in the UK. |
| Initial right of residence | The first three months, with no conditions other than not becoming an unreasonable burden on the social assistance system. |
| Extended right of residence | For a qualified person, and their family members, for as long as they remained qualified. |
| Permanent right of residence (regulation 15) | After five years’ continuous residence in accordance with the Regulations, and in some cases earlier, for example after retirement or incapacity. |
| Derivative right of residence | For a primary carer of a self-sufficient EEA national child, or of a child in education whose parent had worked, and for some carers of British citizens, where leaving would deprive the child or the British citizen of the ability to reside in the UK. |
| Continuation of a right | Rules on when a right of residence continued, for example during a period of temporary absence, or after the qualifying status ended for a short time. |
The importance of the rights being declaratory
These rights arose automatically, without any document. Documents under Part 3 recognised an existing right rather than created it. That is why a person could be lawfully resident with no card, and why historic permanent residence still matters in the EU Settlement Scheme.
