The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020

CHAPTER 1 U.K. Appeals: general

[F1 Decisions other than those relating to frontier workers] U.K.

Textual Amendments

F1 Pt. 2 Ch. 1 cross-heading inserted (4.11.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 24(3)

Right of appeal against decisions relating to leave to enter or remain in the United Kingdom made by virtue of residence scheme immigration rules U.K.

3.—(1) A person (“P”) may appeal against a decision made on or after exit day—

(a) to vary P's leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules M1 , so that P does not have leave to enter or remain in the United Kingdom,

(b) to cancel P's leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,

(c) not to grant any leave to enter or remain in the United Kingdom in response to P's relevant application, or

(d) not to grant indefinite leave to enter or remain in the United Kingdom in response to P's relevant application (where limited leave to enter or remain is granted, or P had limited leave to enter or remain when P made the relevant application).

[F2 (2) In this regulation, “relevant application” means an application for leave to enter or remain in the United Kingdom made under residence scheme immigration rules—

(a) on or after exit day, or

(b) before exit day if a decision is made on that application on or after 8th May 2023.]

Textual Amendments

F2 Reg. 3(2) substituted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 3

Commencement Information

I1 Reg. 3 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M1 See section 17(1) of the EUWAA for the meaning of “residence scheme immigration rules”.

Right of appeal against decisions under section 76 of the 2002 Act to revoke indefinite leave to enter or remain by virtue of residence scheme immigration rules U.K.

4.  A person may appeal against a decision made on or after exit day under section 76(1) or (2) of the 2002 Act M2 to revoke their indefinite leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules.

Commencement Information

I2 Reg. 4 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M2 Section 76(2) was amended by paragraph 3(3)(a) of Schedule 9 to the Immigration Act 2014 (c. 22).

Right of appeal against decisions made in connection with scheme entry clearance U.K.

5.  A person may appeal against a decision made on or after exit day—

(a) where the person applies for scheme entry clearance on or after exit day, to refuse their application,

(b) to cancel or revoke their scheme entry clearance,

(c) where they have scheme entry clearance, to refuse them leave to enter the United Kingdom under article 7(1) of the Immigration (Leave to Enter and Remain) Order 2000 M3 , or

(d) to cancel or vary leave to enter the United Kingdom which they have by virtue of having arrived in the United Kingdom with scheme entry clearance.

Commencement Information

I3 Reg. 5 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M3 S.I. 2000/1161; to which there are amendments not relevant to these Regulations.

Right of appeal against decisions to make a deportation order [F3 in respect of a person other than a person claiming to be a frontier worker] [F4 or a person with a healthcare right of entry] U.K.

6.—(1) A person to whom paragraph (2) applies may appeal against a decision, made on or after exit day, to make a deportation order under section 5(1) of the 1971 Act in respect of them.

(2) This paragraph applies to a person who—

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

(b) is in the United Kingdom (whether or not the person has entered within the meaning of section 11(1) of the 1971 Act M4 ) having arrived with scheme entry clearance.

[F5 (3) But paragraph (2) does not apply to a person if the decision to remove that person was taken—

(a) under regulation 23(6)(b) of the Immigration (European Economic Area) Regulations 2016 (“the 2016 Regulations”), where the decision to remove was taken before the revocation of the 2016 Regulations, or

(b) otherwise, under regulation 23(6)(b) of the 2016 Regulations as it continues to have effect by virtue of the Citizens' Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 or the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.]

(4) The references in paragraph (2) to a person who has leave to enter or remain include references to a person who would have had leave to enter or remain but for the making of a deportation order under section 5(1) of the 1971 Act.

Textual Amendments

F3 Words in reg. 6 heading inserted (4.11.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 24(4)

F4 Words in reg. 6 heading inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(4)(a)

F5 Reg. 6(3) substituted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(4)(b)

Commencement Information

I4 Reg. 6 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M4 Section 11(1) was amended by the Immigration and Asylum Act 1999 (c. 33), Schedule 14, paragraph 48, the Nationality, Immigration and Asylum Act 2002, section 62(8), and the Immigration Act 2016 (c. 19), Schedule 10, paragraph 15.

[F6 Decisions relating to frontier workers U.K.

Textual Amendments

F6 Regs. 6A-6F and cross-heading inserted (4.11.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 24(5) (as amended (22.12.2020) by S.I. 2020/1372, regs. 1, 7(3))

Right of appeal against decisions relating to issue, renewal or revocation of frontier worker permits U.K.

6A.   A person may appeal against a decision—

(a) to refuse to issue a frontier worker permit to them,

(b) to refuse to renew their frontier worker permit, or

(c) to revoke their frontier worker permit.

Right of appeal against decisions to refuse frontier workers admission to the United Kingdom U.K.

6B.— (1) A person may appeal against a decision made under regulation 12 of the 2020 Regulations (a “refusal of admission decision”).

(2) But a person cannot bring an appeal under paragraph (1) without producing—

(a) a valid identity document, or

(b) where paragraph (3) applies, sufficient evidence to satisfy the Secretary of State that they are a frontier worker.

(3) This paragraph applies where—

(a) the refusal of admission decision was made before 1st July 2021, or

(b) the person bringing the appeal is an Irish citizen.

Right of appeal against decision to revoke admission to the United Kingdom U.K.

6C.— (1) A person who has been admitted to the United Kingdom under regulation 6 of the 2020 Regulations may appeal against a decision under regulation 14 of those Regulations to revoke that admission.

(2) But a person cannot bring an appeal under paragraph (1) without producing a valid identity document.

Right of appeal against certain decisions to remove frontier workers from the United Kingdom U.K.

6D.— (1) A frontier worker who has entered the United Kingdom may appeal against a decision to remove that person taken by virtue of regulation 15(1)(a) or (c) of the 2020 Regulations.

(2) But a person cannot bring an appeal under paragraph (1) without producing a valid identity document.

Right of appeal against decisions to make deportation order in respect of frontier workers U.K.

6E.— (1) A frontier worker who has entered the United Kingdom may appeal against a decision to make a deportation order under section 5(1) of the 1971 Act in respect of them.

(2) But paragraph (1) does not apply to a person if the decision to remove that person was taken—

(a) under regulation 23(6)(b) of the Immigration (European Economic Area) Regulations 2016 (“the 2016 Regulations”), where the decision to remove was taken before the revocation of the 2016 Regulations, or

(b) otherwise, under regulation 23(6)(b) of the 2016 Regulations as it continues to have effect by virtue of the Citizens' Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 or the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.

(3) In addition, a person cannot bring an appeal under paragraph (1) without producing—

(a) a valid identity document, and

(b) if they do not have a valid frontier worker permit, sufficient evidence to satisfy the Secretary of State that they are a frontier worker.

(4) For the purposes of paragraph (3)(b), a person is to be treated as having a valid frontier worker permit if they would hold such a permit but for its revocation following a decision to make a deportation order under section 5(1) of the 1971 Act in respect of them.

Alternative evidence of identity and nationality U.K.

6F.   Where a provision of this Part requires a person to hold or produce a valid identity document, the Secretary of State may accept alternative evidence of identity and nationality where the person is unable to obtain or produce the required document due to circumstances beyond the person's control.]

[F7 Decisions relating to persons with a healthcare right of entry U.K.

Textual Amendments

F7 Regs. 6G-6J and cross-heading inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(5)

Right of appeal against decisions relating to leave to enter or remain in the United Kingdom granted to or obtained by a person with a healthcare right of entry U.K.

6G.— (1) A person (“P”) may appeal against a decision made on or after IP completion day—

(a) to vary P's healthcare leave, so that P does not have leave to enter or remain in the United Kingdom,

(b) to cancel P's healthcare leave,

(c) where P applies on or after IP completion day for leave to enter or remain in the United Kingdom under Appendix S2, not to grant such leave to P, or

(d) not to vary P's leave to enter or remain in the United Kingdom granted by virtue of Appendix S2 in response to P's relevant application.

(2) In this regulation, “relevant application” means an application for, or as the case may be, to vary, leave to enter or remain in the United Kingdom made under Appendix S2 on or after IP completion day.

Right of appeal against decisions made in connection with healthcare entry clearance U.K.

6H.   A person may appeal against a decision made on or after IP completion day

(a) where the person applies for healthcare entry clearance on or after IP completion day, to refuse their application,

(b) to cancel or revoke their healthcare entry clearance,

(c) where they have healthcare entry clearance, to refuse them leave to enter the United Kingdom under article 7(1) of the Immigration (Leave to Enter and Remain) Order 2000, or

(d) to cancel or vary the leave to enter the United Kingdom which they have by virtue of having arrived in the United Kingdom with healthcare entry clearance.

Right of appeal against decision to vary leave under article 5 of the 1972 Order U.K.

6I.   A person (“P”) may appeal against a decision, made on or after IP completion day, to vary their leave to enter or remain in the United Kingdom if—

(a) P is in the United Kingdom, and

(b) Article 5 of the 1972 Order applied to P on their entry to the United Kingdom.

Right of appeal against decisions to make a deportation order in respect of a person with a healthcare right of entry U.K.

6J.— (1) A person to whom paragraph (2) applies may appeal against a decision, made on or after IP completion day, to make a deportation order under section 5(1) of the 1971 Act in respect of them.

(2) This paragraph applies to a person —

(a) who has healthcare leave,

(b) who is in the United Kingdom (whether or not the person has entered within the meaning of section 11(1) of the 1971 Act) having arrived with healthcare entry clearance, or

(c) to whom Article 5 of the 1972 Order applied on their entry to the United Kingdom.

(3) But paragraph (2) does not apply to a person if the decision to remove that person was taken—

(a) under regulation 23(6)(b) of the Immigration (European Economic Area) Regulations 2016 (“the 2016 Regulations”), where the decision to remove is taken before the 2016 Regulations are revoked, or

(b) otherwise, under regulation 23(6)(b) of the 2016 Regulations as it continues to have effect by virtue of the Citizens' Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 or the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.

(4) The reference in paragraph (2) to a person who has healthcare leave includes reference to a person who would have such leave but for the making of a deportation order under section 5(1) of the 1971 Act.]

Appeal to the Tribunal or the Special Immigration Appeals Commission U.K.

7.—(1) An appeal under these Regulations lies to the Tribunal.

(2) Except that a person may appeal to the Special Immigration Appeals Commission against an appealable decision if—

(a) the decision is certified under paragraph 1 or 2 of Schedule 1, or

(b) an appeal against that decision lapses by virtue of paragraph 3 of that Schedule.

(3) Schedule 1 also makes provision for the application of the 1997 Act to appeals to the Special Immigration Appeals Commission (see Part 2 of that Schedule).

Commencement Information

I5 Reg. 7 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Grounds of appeal U.K.

8.—(1) An appeal under these Regulations must be brought on one or both of the following two grounds.

(2) The first ground of appeal is that the decision breaches any right which the appellant has by virtue of—

(a) Chapter 1, or Article 24(2) [F8 , 24(3), 25(2) or 25(3)] of Chapter 2, of Title II [F9 , or Article 32(1)(b) of Title III,] of Part 2 of the withdrawal agreement,

(b) Chapter 1, or Article 23(2) [F10 , 23(3), 24(2) or 24(3)] of Chapter 2, of Title II [F11 , or Article 31(1)(b) of Title III,] of Part 2 of the EEA EFTA separation agreement, or

(c) Part 2 [F12 , or Article 26a(1)(b),] of the Swiss citizens' rights agreement M5 .

(3) The second ground of appeal is that—

(a) where the decision is mentioned in regulation 3(1)(a) or (b) or 5, it is not in accordance with the provision of the immigration rules by virtue of which it was made;

(b) where the decision is mentioned in regulation 3(1)(c) or (d), it is not in accordance with residence scheme immigration rules;

(c) where the decision is mentioned in regulation 4, it is not in accordance with section 76(1) or (2) of the 2002 Act (as the case may be);

(d) where the decision is mentioned in regulation 6, it is not in accordance with section 3(5) or (6) of the 1971 Act (as the case may be).

[F13 (e) where the decision is mentioned in regulation 6A, 6B, 6C or 6D, it is not in accordance with regulation 9, 11, 12, 14, 15(1)(a) or 15(1)(c) of the 2020 Regulations (as the case may be);

(f) where the decision is mentioned in regulation 6E, it is not in accordance with section 3(5) or 3(6) of the 1971 Act, or regulation 15(1)(b) of the 2020 Regulations (as the case may be).]

[F14 (g) where the decision is mentioned in regulation 6G(1)(a) or (1)(b) or 6H, it is not in accordance with the provision of the immigration rules by virtue of which it was made;

(h) where the decision is mentioned in regulation 6G(1)(c) or (1)(d), it is not made in accordance with Appendix S2;

(i) where the decision is mentioned in regulation 6I, it is not made in accordance with the provision of, or made under, the 1971 Act (including the immigration rules) by virtue of which it was made;

(j) where the decision is mentioned in regulation 6J, it is not in accordance with section 3(5) or (6) of the 1971 Act, or Appendix S2 (as the case may be).]

(4) But this is subject to regulation 9.

Textual Amendments

F8 Words in reg. 8(2)(a) substituted (4.11.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 24(6)(a)(i)

F9 Words in reg. 8(2)(a) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(6)(a)(i)

F10 Words in reg. 8(2)(b) substituted (4.11.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 24(6)(a)(ii)

F11 Words in reg. 8(2)(b) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(6)(a)(ii)

F12 Words in reg. 8(2)(c) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(6)(a)(iii)

F13 Reg. 8(3)(e)(f) inserted (4.11.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 24(6)(b)

F14 Reg. 8(3)(g)-(j) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(6)(b)

Commencement Information

I6 Reg. 8 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M5 See section 39(1) of the EUWAA for the meanings of “EEA EFTA separation agreement”, “Swiss citizens' rights agreement” and “withdrawal agreement”.

Matters to be considered by the relevant authority U.K.

9.—(1) If an appellant makes a section 120 statement, the relevant authority must consider any matter raised in that statement which constitutes a specified ground of appeal against the decision appealed against. For the purposes of this paragraph, a “specified ground of appeal” is a ground of appeal of a kind listed in regulation 8 or section 84 of the 2002 Act M6 .

(2) In this regulation, “section 120 statement” means a statement made under section 120 of the 2002 Act M7 and includes any statement made under that section, as applied by Schedule 1 or 2 to these Regulations.

(3) For the purposes of this regulation, it does not matter whether a section 120 statement is made before or after the appeal under these Regulations is commenced.

(4) The relevant authority may also consider any matter which it thinks relevant to the substance of the decision appealed against, including a matter arising after the date of the decision.

(5) But the relevant authority must not consider a new matter without the consent of the Secretary of State.

(6) A matter is a “new matter” if—

(a) it constitutes a ground of appeal of a kind listed in regulation 8 or section 84 of the 2002 Act, and

(b) the Secretary of State has not previously considered the matter in the context of—

(i) the decision appealed against under these Regulations, or

(ii) a section 120 statement made by the appellant.

Commencement Information

I7 Reg. 9 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Marginal Citations

M6 Section 84 was substituted by the Immigration Act 2014 (c. 22), section 15.

M7 Section 120 was substituted by the Immigration Act 2014, Schedule 9, paragraph 55, and amended by the Immigration Act 2016 (c. 19), section 64.

Determination of appeal U.K.

10.  On an appeal under these Regulations, the relevant authority must determine—

(a) any matter raised as a ground of appeal, and

(b) any other matter which regulation 9 requires it to consider.

Commencement Information

I8 Reg. 10 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)