Immigration And Social Security Co-Ordination (Eu Withdrawal) Act 2020

Overview of the Act

1. The purpose of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 ("the Act") is to end free movement of persons in UK law and make European Union (EU), other European Economic Area (EEA) and Swiss citizens, and their family members, subject to UK immigration controls. The Act ends the EU’s rules on free movement that are retained in UK law by the European Union (Withdrawal) Act 2018 ("EUWA 2018"), as amended by the European Union (Withdrawal Agreement) Act 2020 ("EUWAA 2020") and repeals section 7 of the Immigration Act 1988, which exempts EU citizens from requiring leave to enter or remain in the UK. At the end of the transition period, 31 December 2020, citizens of the EU, the EEA EFTA states of Iceland, Norway and Liechtenstein, and Switzerland, and their family members, will require permission to enter and remain in the UK under the Immigration Act 1971 1 . The Act protects the immigration status of Irish citizens once free movement ends. It also contains provision for the Government (and/or, where appropriate, a Northern Ireland department) to amend retained direct EU legislation relating to the social security co-ordination regime, which is retained in UK law by the EUWA 2018.
2. EU, other EEA, EFTA and Swiss citizens are collectively referred to as "EEA citizens" in these Notes for brevity, others are referred to as "non-EEA citizens". Unless the context requires otherwise, and/or it is stated otherwise, references to "EEA citizens" in these Notes exclude Irish citizens.
3. The Act was first introduced in the Commons in the previous Parliament where, in the 2017-2019 session, it reached Report stage after completing a Public Bill Committee. That Bill fell when Parliament was prorogued before the December 2019 General Election. On re-introduction there had been no substantial changes to the content of the Act since it was previously considered in the last Parliament. The only changes made were minor drafting clarifications in places, and updates to the list of retained EU law to be repealed to avoid duplication of changes already made through the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745) which come into force on 31 December 2020. On 30 June 2020, the House of Commons amended the Act so as to not engage the legislative consent process in the Scottish Parliament, following confirmation that the Scottish Government would not bring forward a legislative consent motion in respect of the social security co-ordination provisions in the Act in the Scottish Parliament.
4. The measures in the Act include:
   • repealing the main retained EU law relating to free movement and bringing EEA citizens and their family members under UK immigration control to enable the introduction of the global points-based immigration system;
   • protecting the status of Irish citizens in UK immigration law once their EU free movement rights end;
   • a review of legal routes from the EU and family reunion for protection claimants, including a commitment for the Secretary of State to lay a statement before Parliament within three months following the passing of this Act and to publish a report on the outcome of the review;
   • a power to amend, by regulations, legislation in consequence of, or in connection with, the ending of free movement. This will enable the alignment of treatment for EEA and non-EEA citizens as part of the global points-based system, subject to saving certain provisions where appropriate and in accordance with the terms of the UK’s withdrawal from the EU; and
   • powers to amend, by regulations, retained EU law governing social security co-ordination, enabling policy changes to be delivered following the end of the transition period, and depending on the outcome of negotiations with the EU on the future relationship.