Immigration Act 1971

[F1 3A (1) For the purposes of paragraph 3, a person is a “relevant person”— U.K.

(a) 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 relevant entry clearance immigration rules;

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

(c) if the person 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 EU withdrawal agreement;

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

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

whether or not the person has been granted such leave, or

(d) if the person may enter the United Kingdom by virtue of regulations made under section 8 of the European Union (Withdrawal Agreement) Act 2020 (frontier workers), whether or not the person has entered by virtue of those regulations.

(2) In this paragraph—

• “EEA EFTA separation agreement” and “Swiss citizens’ rights agreement” have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);

• “relevant entry clearance immigration rules” and “residence scheme immigration rules” have the meanings given by section 17 of the European Union (Withdrawal Agreement) Act 2020.]

Textual Amendments

F1 Sch. 4 para. 3A inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 5(6)