Statutory Instruments
2011 No. 1247
Immigration
The Immigration (European Economic Area) (Amendment) Regulations 2011
Made
9th May 2011
Laid before Parliament
12th May 2011
Coming into force
2nd June 2011
The Secretary of State, being a Minister designated( 1 ) for the purpose of section 2(2) of the European Communities Act 1972( 2 ) in relation to measures relating to rights of entry into, and residence in, the United Kingdom, in exercise of the powers conferred by that section makes the following Regulations:
Citation, commencement and interpretation
1. —(1) These Regulations may be cited as the Immigration (European Economic Area) (Amendment) Regulations 2011 and shall come into force on 2 June 2011.
(2) In these Regulations, “the 2006 Regulations” means the Immigration (European Economic Area) Regulations 2006 ( 3 ).
Amendment of the 2006 Regulations
2. —(1) The 2006 Regulations are amended as follows.
(2) In regulation 4, for paragraph (4) substitute—
“ (4) For the purposes of paragraphs (1)(c) and (d) and paragraphs (2) and (3), the resources of the person concerned and, where applicable, any family members, are to be regarded as sufficient if —
(a) they exceed the maximum level of resources which a United Kingdom national and his family members may possess if he is to become eligible for social assistance under the United Kingdom benefit system; or
(b) paragraph (a) does not apply but, taking into account the personal situation of the person concerned and, where applicable, any family members, it appears to the decision maker that the resources of the person or persons concerned should be regarded as sufficient. ”
(3) In regulation 8, at paragraph 2(a) for “an EEA State” substitute “a country other than the United Kingdom”.
(4) In regulation 12, for paragraph (1)(b) substitute—
“ (b) the family member will be accompanying the EEA national to the United Kingdom or joining the EEA national there. ” .
Damian Green
Minister of State
Home Office
9th May 2011