Chwilio Deddfwriaeth

The Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: The Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 (without Schedules)

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the The Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020. Help about Changes to Legislation

Citation, commencement and interpretationU.K.

1.—(1) These Regulations may be cited as the Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 and come into force when the EEA Regulations 2016 are revoked.

(2) In these Regulations “the EEA Regulations 2016” means the Immigration (European Economic Area) Regulations 2016(1).

Commencement Information

I1Reg. 1 in force at 31.12.2020 in accordance with reg. 1(1)

Continued application of the EEA Regulations 2016U.K.

2.—(1) Notwithstanding the revocation of the EEA Regulations 2016, the provisions of the EEA Regulations 2016 specified in the Schedule continue to have effect, but with the modifications set out in the Schedule, for the purpose of removing a person who is protected by the citizens’ rights provisions.

(2) For the purposes of paragraph (1), a person is protected by the citizens’ rights provisions if that person—

(a)has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules(2);

(b)is in the United Kingdom (whether or not they have entered within the meaning of section 11(1) of the Immigration Act 1971(3)) having arrived with entry clearance granted by virtue of relevant entry clearance immigration rules(4);

(c)is in the United Kingdom (whether or not they have entered within the meaning of section 11(1) of the Immigration Act 1971) having arrived with entry clearance granted by virtue of Article 23 of the Swiss citizens’ rights agreement(5); or

(d)may be granted leave to enter or remain in the United Kingdom as a person who has a right to enter the United Kingdom by virtue of—

(i)Article 32(1)(b) of the withdrawal agreement(6);

(ii)Article 31(1)(b) of the EEA EFTA separation agreement(7); or

(iii)Article 26a(1)(b) of the Swiss citizens’ rights agreement,

whether or not the person has been granted such leave.

(3) For the purposes of these Regulations, a person is also protected by the citizens’ rights provisions if that person was protected by the citizens’ rights provisions at the time that they became subject to a decision to remove them under regulation 23(6)(b) of the EEA Regulations 2016, including as those Regulations continue to have effect by virtue of these Regulations.

Commencement Information

I2Reg. 2 in force at 31.12.2020 in accordance with reg. 1(1)

Amendment of the Immigration Act 1971U.K.

3.—(1) The Immigration Act 1971 is amended as follows.

(2) In section 3(10) (definition of “relevant person”)(8), after paragraph (b) insert—

(ba)if the person is in the United Kingdom (whether or not they have entered within the meaning of section 11(1)) having arrived with entry clearance granted by virtue of Article 23 of the Swiss citizens’ rights agreement,.

Commencement Information

I3Reg. 3 in force at 31.12.2020 in accordance with reg. 1(1)

Amendment of the UK Borders Act 2007U.K.

4.—(1) The UK Borders Act 2007(9) is amended as follows.

(2) In section 33(6C) (definition of “relevant person”)(10), after paragraph (b) insert—

(ba)if the person is in the United Kingdom (whether or not they have entered within the meaning of section 11(1) of the Immigration Act 1971) having arrived with entry clearance granted by virtue of Article 23 of the Swiss citizens’ rights agreement,.

Commencement Information

I4Reg. 4 in force at 31.12.2020 in accordance with reg. 1(1)

Kevin Foster

Parliamentary Under Secretary of State

Home Office

Yn ôl i’r brig

Options/Help