18. Issue of residence card

of the The Immigration (European Economic Area) Regulations 2016

Green text indicates changes from the original version of the legislation.


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Issue of residence card

This section has no associated Explanatory Memorandum

18.—(1) The Secretary of State must issue a residence card to a person who is not an EEA national and is the family member of a qualified person or of an EEA national with a right of permanent residence under regulation 15 on application and production of—

(a) a valid passport; and

(b) proof that the applicant is such a family member.

(2) The Secretary of State must issue a residence card to a person who is not an EEA national but who is a family member who has retained the right of residence on application and production of—

(a) a valid passport; and

(b) proof that the applicant is a family member who has retained the right of residence.

(3) On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State must immediately issue the applicant with a certificate of application for the residence card and the residence card must be issued no later than six months after the date on which the application and documents are received.

(4) The Secretary of State may issue a residence card to an extended family member not falling within regulation 7(3) who is not an EEA national on application if—

(a) the application is accompanied or joined by a valid passport;

(b) the relevant EEA national is a qualified person or an EEA national with a right of permanent residence under regulation 15; and

(c) in all the circumstances it appears to the Secretary of State appropriate to issue the residence card.

(5) Where the Secretary of State receives an application under paragraph (4) an extensive examination of the personal circumstances of the applicant must be undertaken by the Secretary of State and if the application is refused, the Secretary of State must give reasons justifying the refusal unless this is contrary to the interests of national security.

(6) A residence card issued under this regulation is valid for—

(a) five years from the date of issue; or

(b) in the case of a residence card issued to the family member or extended family member of a qualified person, the envisaged period of residence in the United Kingdom of the qualified person,

whichever is the shorter.

(7) A residence card—

(a) must be called “Residence card of a family member of a Union citizen”;

(b) is proof of the holder’s right to reside on the date of issue;

(c) is no longer valid if the holder ceases to have a right to reside under these Regulations;

(d) is invalid if the holder never had a right to reside under these Regulations.

(8) This regulation is subject to regulations 24 and 25.

C-459/99 Mouvement contre le racisme, l'antisémitisme et la xénophobie ASBL (MRAX) v Belgian State In absense of a valid ID or passport a family member has a right of entry if they can prove their identity and ties with the EU citizen (is this still valid after the implementation of Directive 2004/38/EC? Which states at Article 5(1) - '... shall grant family members who are not nationals of a Member State leave to enter their territory with a valid passport'). Also an applicant cannot be refused a residence card just because they entered the territory unlawfully.

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17. Issue of registration certificate
Next Section
19. Issue of a document certifying permanent residence and a permanent residence card

 

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