351. Family member who has retained the right of residence.

For the purposes of the Immigration (European Economic Area) Regulations 20161, the expression 'family member who has retained the right of residence' means a person who satisfies condition (1), (2), (3) or (4) as follows2.

  1.  

    (1)     A person satisfies this condition if he:

    1.  

      (a)     was a family member3 of a qualified person4 or of an EEA national5 with a permanent right of residence when that person died6;

    2.  

      (b)     resided in the United Kingdom7 in accordance with the Immigration (European Economic Area) Regulations 2016 for at least the year immediately before the death of that person8; and

    3.  

      (c)     is not