General interpretation
2.—(1) In these Regulations—
“the 1971 Act” means the Immigration Act 1971(1);
“the 1999 Act” means the Immigration and Asylum Act 1999(2);
“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002;
“the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006(3);
“the 2016 Act” means the Immigration Act 2016;
“civil partner” does not include—
a party to a civil partnership of convenience; or
the civil partner (“C”) of a person (“P”) where a spouse, civil partner or durable partner of C or P is already present in the United Kingdom;
“civil partnership of convenience” includes a civil partnership entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—
immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or
any other criteria that the party to the civil partnership of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;
“Common Travel Area” has the meaning given in section 1(3) of the 1971 Act;
“decision maker” means the Secretary of State, an immigration officer or an entry clearance officer (as the case may be);
“deportation order” means an order made under regulation 32(3);
“derivative residence card” means a card issued to a person under regulation 20;
“derivative right to reside” means a right to reside under regulation 16;
“document certifying permanent residence” means a document issued under regulation 19(1);
“durable partner” does not include—
a party to a durable partnership of convenience; or
the durable partner (“D”) of a person (“P”) where a spouse, civil partner or durable partner of D or P is already present in the United Kingdom and where that marriage, civil partnership or durable partnership is subsisting;
“durable partnership of convenience” includes a durable partnership entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—
immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or
any other criteria that the party to the durable partnership of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;
“EEA decision” means a decision under these Regulations that concerns—
a person’s entitlement to be admitted to the United Kingdom;
a person’s entitlement to be issued with or have renewed, or not to have revoked, an EEA family permit, a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card (but does not include a decision to reject an application for the above documentation as invalid);
a person’s removal from the United Kingdom; or
the cancellation, under regulation 25, of a person’s right to reside in the United Kingdom,
but does not include * a decision to refuse an application under regulation 26(4) (misuse of a right to reside: material change of circumstances), or any decisions under regulation 33 (human rights considerations and interim orders to suspend removal) or 41 (temporary admission to submit case in person);
“EEA family permit” means a document issued under regulation 12;
“EEA national” means—
a national of an EEA State who is not also a British citizen; or
a national of an EEA State who is also a British citizen and who prior to acquiring British citizenship exercised a right to reside as such a national, in accordance with regulation 14 or 15,
save that a person does not fall within paragraph (b) if the EEA State of which they are a national became a member State after that person acquired British citizenship.”
“EEA State” means—
a member State, other than the United Kingdom; or
Liechtenstein, Iceland, Norway or Switzerland;
“entry clearance” has the meaning given in section 33(1) of the 1971 Act(4);
“entry clearance officer” means a person responsible for the grant or refusal of entry clearance;
“exclusion order” means an order made under regulation 23(5);
“indefinite leave”, “immigration laws” and “immigration rules” have the meanings given in section 33(1) of the 1971 Act;
“marriage of convenience” includes a marriage entered into for the purpose of using these Regulations, or any other right conferred by the EU Treaties, as a means to circumvent—
immigration rules applying to non-EEA nationals (such as any applicable requirement under the 1971 Act to have leave to enter or remain in the United Kingdom); or
any other criteria that the party to the marriage of convenience would otherwise have to meet in order to enjoy a right to reside under these Regulations or the EU Treaties;
“military service” means service in the armed forces of an EEA State;
“permanent residence card” means a document issued under regulation 19(2);
“qualifying EEA State residence card” means a valid document called a “Residence card of a family member of a Union Citizen” issued under Article 10 of Council Directive 2004/38/EC(5) (as applied, where relevant, by the EEA agreement) by any EEA State (except Switzerland) to a non-EEA family member of an EEA national as proof of the holder’s right of residence in that State;
“registration certificate” means a certificate issued under regulation 17;
“relevant EEA national” in relation to an extended family member has the meaning given in regulation 8(6);
“residence card” means a card issued under regulation 18;
“right to reside” means a right to reside in the United Kingdom under these Regulations (or where so specified, a right to reside under a particular regulation);
“spouse” does not include—
a party to a marriage of convenience; or
the spouse (“S”) of a person (“P”) where a spouse, civil partner or durable partner of S or P is already present in the United Kingdom.
(2) Section 11 of the 1971 Act (construction of references to entry)(6) applies 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.