Previous Section
27. Decisions taken on grounds of public policy, public security and public health
Next Section
28. Application of Part 4 to a person with a derivative right to reside

Decisions taken on conducive grounds

27A. (1) Subject to paragraphs (2) and (3), an EEA decision may be taken on the ground that it is conducive to the public good.

(2) A decision may only be taken under this regulation in relation to a person who falls within paragraph (4) as a result of post-commencement conduct.

(3) A decision may only be taken under this regulation in relation to a person who falls within paragraph (5) as a result of pre-commencement conduct if the condition in paragraph (6) is satisfied.

(4) A person falls within this paragraph if they are—

(a) a national of Iceland, Liechtenstein, Norway or Switzerland or the family member of such a national and —

(i) they were lawfully resident in the United Kingdom under these Regulations immediately before the time that this regulation comes into force, or

(ii) they have leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules.

(5) A person falls within this paragraph if they are an EEA national (other than a national of Iceland, Liechtenstein, Norway or Switzerland), or are the family member of such an EEA national, and—

(a) they were lawfully resident in the United Kingdom under these Regulations immediately before the time that this regulation comes into force, or

(b) they have leave to enter or remain in the United Kingdom under residence scheme immigration rules.

(6) The condition in this paragraph is that the person has been convicted of an offence that did not consist of or include pre-commencement conduct and was sentenced to a period of imprisonment.

(7) A person is to be treated as resident for the purposes of paragraphs (4)(a)(i) or (5)(a) at any time which would be taken into account for the purposes of calculating periods when the person was continuously resident under regulation 3.

(8) In this regulation—

“period of imprisonment” does not include a reference to a suspended sentence (unless a court subsequently orders that the sentence or any part of it (of whatever length) is to take effect);

“pre-commencement conduct” means conduct that took place at or before the time that this regulation comes into force;

“post-commencement conduct” means conduct that takes place after the time that this regulation comes into force.

Previous Section
27. Decisions taken on grounds of public policy, public security and public health
Next Section
28. Application of Part 4 to a person with a derivative right to reside


 

Twitter logo Tweet this page