366. Misuse of a right to reside.

The misuse of a right to reside occurs where a person:

  1.  

    (1)     observes the requirements of the Immigration (European Economic Area) Regulations1 in circumstances which do not achieve the purpose of the Regulations2; and

  2.  

    (2)     intends to obtain an advantage from the Regulations by engaging in conduct which artificially creates the conditions required to satisfy the criteria set out in them3.

Such misuse includes attempting to enter the United Kingdom4 within 12 months of being removed5, where the person attempting to do so is unable to provide evidence that, upon re-entry to the United Kingdom, the conditions for a right