PART 2IMMIGRATION
Chapter 1Amendment and saving of primary legislation
Amendment of the Immigration and Asylum Act 1999I1I3I212
1
The Immigration and Asylum Act 1999 M1 is amended as follows.
2
In section 10 (removal of persons unlawfully in the United Kingdom) M2, in subsection (5), for the words from “neither” to the end of that subsection substitute—
none of the following—
a
a British citizen,
b
an Irish citizen,
c
a person who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules.
I23
In section 24 (duty to report suspicious marriages) M3, in subsection (6), in the definition of “relevant national”—
a
after paragraph (a) insert—
aa
an Irish citizen, or
ab
a person who is not an Irish citizen and who—
i
has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules, or
ii
is an applicant for the purposes of regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired;
b
omit paragraphs (b) and (c).
4
In section 24A (duty to report suspicious civil partnerships) M4, in subsection (5A), in the definition of “relevant national”—
a
after paragraph (a) insert—
aa
an Irish citizen; or
ab
a person who is not an Irish citizen and who—
i
has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules, or
ii
is an applicant for the purposes of regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired.
b
omit paragraphs (b) and (c).
5
In section 82 (interpretation of Part V) M5, in subsection (1), in the definition of “relevant matters” omit paragraphs (e), (f) and (g).
6
In section 115 (exclusion from benefits) M6, in subsection (9), omit “who is not a national of an EEA State and”.
7
In section 119 (homelessness: Scotland and Northern Ireland) M7 for “for subsection (1A)(b)” substitute—
b
is not a person who, immediately before IP completion day, was—
i
a national of an EEA State or Switzerland, and
ii
within a class specified in an order under subsection (1) which had effect at that time.
8
In section 167 (interpretation) M8, in subsection (1), after the definition of “the Refugee Convention” at the appropriate place insert—
residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020;