The Immigration (Persons Designated under Sanctions Regulations) (EU Exit) Regulations 2020

Effect of immigration designation: persons lawfully in the United Kingdom

3.—(1) Paragraph (2) applies if—

(a) a person is the subject of an immigration designation(1); and

(b) at the time of the designation, the person is lawfully in the United Kingdom.

(2) The person is to be treated as a person falling within subsection (5A)(a) of section 8B of the 1971 Act(2)—

(a) for a period beginning with the day on which the designation is made and ending with the expiry of 20 working days from the day on which the designation is notified to that person in accordance with the sanctions regulations under which it is made; and

(b) if within that period the person makes an immigration claim, until the person is given notice of the appropriate Minister’s decision on it.

(3) Paragraph (2)(b) does not apply for the purposes of considering, and making a decision on, the person’s immigration claim.

(4) In calculating the expiry of 20 working days for the purposes of paragraph (2)(a), the day on which the person is notified of the designation is to be included; and for that purpose a reference to the day on which the person is notified includes a reference to the day on which, in accordance with the sanctions regulations in question, the person is to be taken to have been notified.

(5) In this regulation “working day” means any day except a Saturday or Sunday or a day which is a bank holiday in any part of the United Kingdom under section 1 of the Banking and Financial Dealings Act 1971(3).

(1)

See the definition in section 48(1) of the Sanctions and Anti-Money Laundering Act 2018 (“the 2018 Act”).

(2)

Section 8B was inserted by section 8 of the Immigration and Asylum Act 1999 (c. 33) and was amended by section 76(3) to (9) of the Immigration Act 2016 (c. 19) and by paragraph 1 of Schedule 3 to the 2018 Act.

(3)

1971 c. 80. Schedule 1 to that Act (bank holidays), which is introduced by section 1 of that Act, was amended by section 1 of the St Andrew’s Day Bank Holiday (Scotland) Act 2007 (asp 2).