PART 2

CHAPTER 4Citizens’ Rights, residency and removal of references to grace period

Amendments to the 2009 Regulations25

In regulation 2(1) (interpretation)—

a

omit the definition of “grace period”;

b

re-position the definition of “person with protected rights” in the appropriate place after the definition of “person with leave to enter or remain on the grounds of discretionary leave”;

c

in the newly positioned definition of “person with protected rights”16

i

re-number the existing text after “means—” as paragraph (1) of the definition;

ii

in that paragraph as so numbered, omit sub-paragraph (a)(iii);

iii

after sub-paragraph (a)(iv), insert—

v

otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or

iv

after that paragraph as so numbered, insert—

2

In paragraph (1)(a)(v), “citizens’ rights deeming provisions” means—

a

Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

b

Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 202017); or

c

Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.