7. “Family member”

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“Family member”

This section has no associated Explanatory Memorandum

7.—(1) In these Regulations, “family member” means, in relation to a person (“A”)—

(a) A’s spouse or civil partner;

(b) A’s direct descendants, or the direct descendants of A’s spouse or civil partner who are either—

(i) aged under 21; or

(ii) dependants of A, or of A’s spouse or civil partner;

(c) dependent direct relatives in A’s ascending line, or in that of A’s spouse or civil partner.

(2) Where A is a student residing in the United Kingdom otherwise than under regulation 13 (initial right of residence), a person is not a family member of A under paragraph (1)(b) or (c) unless—

(a) in the case of paragraph (1)(b), the person is the dependent child of A or of A’s spouse or civil partner; or

(b) A also falls within one of the other categories of qualified person mentioned in regulation 6(1).

(3) A person (“B”) who is an extended family member and has been issued with an EEA family permit, a registration certificate or a residence card must be treated as a family member of A, provided—

(a) B continues to satisfy the conditions in regulation 8(1A), 8(2), (3), (4) or (5); and

(b) the EEA family permit, registration certificate or residence card remains in force.

(4) A must be an EEA national unless regulation 9 applies (family members and extended family members of British citizens).


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