The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020

4.  The following provisions of the EEA Regulations 2016 are, with the modifications provided for, specified for the purposes of paragraph 2— U.K.

(a) regulation 2 (general interpretation) with the following modifications—

(i) as if all instances of the words “or any other right conferred by the EU Treaties”—

(aa) in so far as they relate to things done on or after exit day but before commencement day, were a reference to a right conferred by the EU Treaties so far as they were applicable to and in the United Kingdom by virtue of Part 4 of the EU withdrawal agreement;

(bb) in so far as they relate to things done on or after commencement day, were omitted;

(ii) as if all instances of the words “or the EU Treaties”—

(aa) in so far as they relate to things done on or after exit day but before commencement day, were a reference to the EU Treaties so far as they were applicable to and in the United Kingdom by virtue of Part 4 of the EU withdrawal agreement;

(bb) in so far as they relate to things done on or after commencement day, were omitted;

(iii) as if, at the end of the definition of “deportation order”, there were inserted “ or under section 5(1) of the Immigration Act 1971 ”;

(iv) as if, in the definition of “EEA State”, the words “, other than the United Kingdom” were omitted;

(v) as if, at the end of the definition of “exclusion order”, there were inserted “ or directions issued by the Secretary of State for a person not to be given entry to the United Kingdom on the grounds that the person's exclusion is conducive to the public good ”;

(b) regulation 3 (continuity of residence) with the modification that, at the end of paragraph (3)(c), there were inserted “or the Immigration Acts”;

(c) regulation 4 (“worker”, “self-employed person”, “self-sufficient person” and “student”) with the modification that, in paragraph (1)(b), “in accordance with” there were substituted “ within the meaning of ”;

(d) regulation 5 (“worker or self-employed person who has ceased activity”);

(e) regulation 6 (“qualified person”) with the following modifications—

(i) in paragraph (4C), “and having a genuine chance of being engaged” were omitted;

(ii) in paragraph (6), after “employment and” there were inserted “ , when determining whether the person is a jobseeker, ”;

(iii) in paragraph (7), after “continuing to seek employment and” there were inserted “ , where that person is a jobseeker ”;

(f) regulation 7 (“family member”);

(g) regulation 8 (“extended family member”) with the modification that paragraph (8) were omitted;

(h) regulation 9 (family members and extended family members of British citizens) with the following modifications—

(i) in paragraph (1), at the end there were inserted “and BC is to be treated as satisfying any requirement to be a qualified person”;

(ii) sub-paragraph (a) of paragraph (3) were omitted;

(iii) paragraph (7) were omitted;

(i) regulation 9A (dual national: national of an EEA State who acquires British citizenship);

(j) regulation 10 (“family member who has retained the right of residence”) with the following modifications—

(i) in paragraph (2)(b), in so far as it applies to residence in the United Kingdom after commencement day, for “in accordance with these Regulations” there were substituted “ lawfully ”;

(ii) in paragraph (5)(a), “the initiation of proceedings for” were omitted;

(k) regulation 13 (initial right of residence) with the modification that in paragraph (4), for the words from “where the Secretary of State” to “as the case may be,”, there were substituted “ if that person is subject to a deportation order or exclusion order unless that order ”;

(l) regulation 14 (extended right of residence) with the modification that in paragraph (4), for the words from “where the Secretary of State” to “as the case may be,”, there were substituted “ if that person is subject to a deportation order or exclusion order unless that order ”;

(m) regulation 15 (right of permanent residence) with the following modifications—

(i) in so far as it applies to residence in the United Kingdom after commencement day , as if the EEA Regulations 2016 (with the modifications set out in this paragraph) had been in force at all relevant times and as if for the words “in accordance with these Regulations” in each place they occur there were substituted “ lawfully ”;

(ii) in paragraph (4), for the words from “where the Secretary of State” to “as the case may be,”, there were substituted “ if that person is subject to a deportation order or exclusion order unless that order ”;

(n) regulation 16 (derivative right to reside) with the following modifications—

[F1 (ai) in paragraph (3)(b), after “a worker” there were inserted “or a self-employed person”;]

(i) in paragraph (5)(c), for “another” there were substituted “ an ”;

[F2 (ia) in paragraph (7), after sub-paragraph (c), there were inserted—

(d) “self-employed person” does not include a person treated as a self-employed person under regulation 6(4);]

(ii) in paragraph (12), for the words from “where the Secretary of State” to “or 31(1), unless that decision” there were substituted “ if that person is subject to a deportation order or exclusion order unless that order ”.

Textual Amendments

F1 Sch. 4 para. 4(n)(ai) inserted (2.2.2023) by The Immigration (Restrictions on Employment etc.) (Amendment) (EU Exit) Regulations 2023 (S.I. 2023/12), regs. 1(2), 5(2)(a)(i)

F2 Sch. 4 para. 4(n)(ia) inserted (2.2.2023) by The Immigration (Restrictions on Employment etc.) (Amendment) (EU Exit) Regulations 2023 (S.I. 2023/12), regs. 1(2), 5(2)(a)(ii)

Commencement Information

I1 Sch. 4 para. 4 not in force at made date, see reg. 1

I2 Sch. 4 para. 4 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)