Part VU.K. Miscellaneous and SupplementaryF1F2F3F4

Textual Amendments

F1Ss. 40, 40A substituted (1.4.2003) for s. 40 by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 4(1)(4), 162 (with s. 159); S.I. 2003/754, art. 2(1), Sch. 1 (with arts. 3, 4, Sch. 2 (as amended by S.I. 2003/1040, art. 2 and S.I. 2003/1339, art. 4))

F4S. 44A inserted (31.8.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 49, 62; S.I. 2006/2226, art. 3, Sch. 1 (subject to transitional provisions in art. 4)

Modifications etc. (not altering text)

C1Pt. V (ss. 36–53) extended by S.I. 1983/882, art. 3(5)

[F550B Immigration restrictions to be disregarded in certain casesU.K.

(1)A person exercising a freedom of movement right at any time falling within the remedial period is treated for the purposes of this Act as not subject at that time under the immigration laws to any restriction on the period for which they may remain in the United Kingdom.

(2)In this section—

  • “freedom of movement right” means—

    (a)

    a right to reside in Great Britain and Northern Ireland that arises under or by virtue of—

    (i)

    section 2(1) or (2) of the European Communities Act 1972, or

    (ii)

    any other enactment so far as passed or made, or operating, for a purpose mentioned in section 2(2)(a) or (b) of that Act, or

    (b)

    a right to reside in any of the Islands that is conferred by reference to, or that otherwise corresponds to or is similar to, a right within paragraph (a);

  • “the remedial period” means—

    (a)

    where the freedom of movement right is a right to reside in Great Britain and Northern Ireland, the period beginning with 1 January 1983 and ending with 1 October 2000;

    (b)

    where the freedom of movement right is a right to reside in the Bailiwick of Guernsey, the period beginning with 1 August 1993 and ending with 30 September 2004;

    (c)

    where the freedom of movement right is a right to reside in the Bailiwick of Jersey, the period beginning with 1 January 1983 and ending with 8 February 2004;

    (d)

    where the freedom of movement right is a right to reside in the Isle of Man, the period beginning with 1 October 1994 and ending with 1 October 2000.]

Textual Amendments