The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020

Regulation 18

SCHEDULE Considerations of public policy, public security and the fundamental interests of society etc.

Considerations of public policy and public security

1.  The United Kingdom enjoys considerable discretion, acting within the parameters set by the withdrawal agreement, the EEA EFTA separation agreement or the Swiss citizens’ rights agreement, to define its own standards of public policy and public security, for purposes tailored to its individual context from time to time.

Application of paragraph 1 to the United Kingdom

2.  A frontier worker having extensive familial and societal links with persons of the same nationality or language does not amount to integration in the United Kingdom; a significant degree of wider cultural and societal integration must be present before a person may be regarded as integrated in the United Kingdom.

3.  Where a frontier worker has received a custodial sentence, or is a persistent offender, the longer the sentence, or the more numerous the convictions, the greater the likelihood that the individual’s continued presence in the United Kingdom represents a genuine, present and sufficiently serious threat affecting the fundamental interests of society.

4.  Little weight is to be attached to the integration of a frontier worker within the United Kingdom if the alleged integrating links were formed at or around the same time as—

(a) the commission of a criminal offence;

(b) an act otherwise affecting the fundamental interests of society;

(c) the frontier worker was in custody.

5.  The removal from the United Kingdom of a frontier worker who is able to provide substantive evidence of not demonstrating a threat (for example, through demonstrating that the frontier worker has successfully reformed or rehabilitated) is less likely to be proportionate.

6.  It is consistent with public policy and public security requirements in the United Kingdom that decisions may be taken in order to refuse, terminate or withdraw any right otherwise conferred by these Regulations in the case of abuse of rights or fraud, including—

(a) entering, attempting to enter or assisting another person to enter or attempt to enter, a marriage, civil partnership or durable partnership of convenience; or

(b) fraudulently obtaining or attempting to obtain, or assisting another to obtain or to attempt to obtain, frontier workers’ rights.

The fundamental interests of society

7.  For the purposes of these Regulations, the fundamental interests of society in the United Kingdom include—

(a) preventing unlawful immigration and abuse of the immigration laws, and maintaining the integrity and effectiveness of the immigration control system (including under these Regulations) and of the common travel area;

(b) maintaining public order;

(c) preventing social harm;

(d) preventing the evasion of taxes and duties;

(e) protecting public services;

(f) excluding or removing a frontier worker with a conviction (including where the conduct of that person is likely to cause, or has in fact caused, public offence) and maintaining public confidence in the ability of the relevant authorities to take such action;

(g) tackling offences likely to cause harm to society where an immediate or direct victim may be difficult to identify but where there is wider societal harm (such as offences related to the misuse of drugs or crime with a cross-border dimension);

(h) combating the effects of persistent offending (particularly in relation to offences, which if taken in isolation, may otherwise be unlikely to meet the requirements of regulation 18;

(i) protecting the rights and freedoms of others, particularly from exploitation and trafficking;

(j) protecting the public;

(k) acting in the best interests of a child (including where doing so entails refusing a child admission to the United Kingdom);

(l) countering terrorism and extremism and protecting shared values.