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The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023

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New regulation 13A (continuation of leave during specified appeals)

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4.  After regulation 13 (pending appeal), insert—

“Continuation of leave during specified appeals

13A.—(1) This regulation applies where—

(a)a relevant appealable decision has been made in relation to a person (“P”),

(b)P has entered and is in the United Kingdom at the date of the relevant appealable decision, and

(c)the Secretary of State has not certified P’s removal under regulation 15(4), 16(3) or 16A(3).

(2) P’s leave to enter or remain is extended during any period when an appeal against the relevant appealable decision could be brought (ignoring the possibility of an appeal out of time with permission) or is pending.

(3) P may not make an application for variation of their leave to enter or remain in the United Kingdom while their leave is extended by this regulation.

(4) In this regulation, “relevant appealable decision” means an appealable decision as described in regulation 3(1)(a) or regulation 4.

(5) Leave extended by this regulation remains subject to Part IV of the Immigration (Leave to Enter and Remain) Order 2000(1).”.

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