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The Immigration, Nationality and Asylum (EU Exit) Regulations 2019

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 No. 745

Amendment of the Immigration (Leave to Enter and Remain) Order 2000

This section has no associated Explanatory Memorandum

25.  In article 13B of the Immigration (Leave to Enter and Remain) Order 2000(1) (partners and children of certain Crown servants etc)—

(a)in paragraph (2)(b)(iii)—

(i)for “an enforceable EU right” substitute “a retained enforceable EU right”;

(ii)after “1972” insert “as that provision is modified from time to time”;

(b)after paragraph (2), insert—

(2A) For the purposes of subsection (2)(b)(iii)—

“retained enforceable EU right” means a right that—

(a)

was created or arose by or under the EU Treaties before the time when this paragraph comes into force, and

(b)

forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018,

as that right is modified from time to time..

(1)

S.I. 2000/1161; amended by S.I. 2016/1132. There have been other amendments to the Order which are not relevant to these Regulations.

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