The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020

Explanatory Note

(This note is not part of the Regulations)

Regulation 2 amends the provisions of the Immigration (Citizens' Rights Appeal) (EU Exit) Regulations 2020 (S.I. 2020/61) which in turn makes provision for appeals in connection with various immigration decisions relating to, or connected to, leave under residence scheme immigration rules. This amendment makes provision in particular for appeals in connection with decisions made under Appendix S2 Healthcare Visitor of the immigration rules. Appendix S2 Healthcare Visitor is the provision fulfilling the United Kingdom's obligations under the withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens' rights agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020 (c. 1)) to enable those who had applied for authorisation for a course of planned medical treatment before the end of the Implementation Period to enter the UK to receive that treatment.

Regulations 3 to 5 make consequential amendments to various specialist tribunal rules to facilitate the appeal rights granted by regulation 2.

Regulation 6 amends the Immigration (Control of Entry through Republic of Ireland) Order 1972 (S.I. 1972/1610) (“the 1972 Order”). Regulation 6(3) amends Article 3 to add further categories of individuals who are not entitled to benefit from the common travel area principles set out in section 1(3) of the Immigration Act 1971 (c. 77). Regulation 6(4) amends Article 4 of the 1972 Order to extend the period of statutory permission to be in the United Kingdom without leave under the Order from three months to six, and to amend the occupation and employment-related activities that a person is permitted to undertake during that period. Regulation 6(5) inserts two new articles into the 1972 Order. New Article 5 sets out the conditions and restrictions for entry via Ireland relating to the United Kingdom's obligations under the withdrawal agreement, the EEA EFTA separation agreement and the Swiss citizens' rights agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020) to enable those who had applied for authorisation for a course of planned medical treatment before the end of the Implementation Period to enter the UK to receive that treatment. New Article 6 sets out the conditions and restrictions for a person who enters the United Kingdom from Ireland with the intention of undertaking a permitted paid engagement.

Regulation 7 amends the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213) to add to a provision which establishes that a frontier worker duly recorded as unemployed is required to have registered with an employment office in order to continue to be treated as a frontier worker during a temporary break from work or self-employment.

Regulations 8 to 11, 13, 15 to 19, 23 to 25 and 27 amend the income-related benefit regulations to reflect that leave to enter which is granted by virtue of Appendix EU (Family Permit) to the immigration rules made under s3(2) of the Immigration Act 1971, is leave which is not a relevant right to reside for the purposes of establishing habitual residence.

Regulation 12 amends regulations 2(1) and 4(4) of the Asylum Support Regulations 2000 (S.I. 2000/704) to expand the categories of persons excluded from receipt of asylum support to include EU nationals, as defined, and their dependents. The exclusion does not apply if the asylum claim made by the EU national is accepted as admissible under the immigration rules.

Regulation 14 inserts new paragraph (5)(d)(ii) into regulation 3 of the Tax Credits (Residence) Regulations (S.I. 2003/654) which makes equivalent provision to the amendments made to the Child Benefit (General) Regulations 2006 (S.I. 2006/223) (at regulation 22 below).

Regulation 20 amends the provisions of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006 (S.I. 2006/1294) (“the Eligibility Regulations”) which determine which persons from abroad, other than persons subject to immigration control, are ineligible for an allocation of housing accommodation under Part 6 of the Housing Act 1996 (c. 52) or for housing assistance under Part 7 of that Act. For these purposes, ‘person subject to immigration control’ has the meaning given in section 13(2) of the Asylum and Immigration Act 1996 (c. 49).

Under regulations 4 and 6 of the Eligibility Regulations, a person who is not subject to immigration control is ineligible for an allocation of social housing and for housing assistance respectively where they are not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland or their only right to reside in those places is—

(c)

as an EEA ‘jobseeker’ or as the ‘family member’ of an EEA jobseeker;

(d)

an initial right to reside for a period not exceeding three months under the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (“the EEA Regulations”);

(e)

because they are a non-EEA national primary carer of an EEA dependant under the EEA Regulations.

This is the case even if such a person also possesses a right to reside pursuant to Appendix EU to the immigration rules.

The effect of the amendments is to maintain the status quo so that where a person who is a family member of an EEA national with a right to reside of the type mentioned above (for example as the family member of an EEA jobseeker) is also granted limited leave to enter in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the Immigration Rules, this does not affect their eligibility.

Regulation 26 makes amendments to the Allocation of Housing and Homelessness (Eligibility) (Wales) Regulations 2014 equivalent to those made by regulation 20 to the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006. Regulation 21 similarly makes equivalent amendments to the Allocation of Housing and Homelessness (Eligibility) Regulations (Northern Ireland) 2006.

Regulation 22 inserts new paragraphs (4)(c)(ii) and (3)(c)(i) into regulations 23 and 27 of the Child Benefit (General) Regulations 2006 (S.I. 2006/223) respectively. These provide that a person who has been granted leave to enter in the United Kingdom under the Immigration Act 1971 by virtue of having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the Immigration Rules is treated as not being in Great Britain or Northern Ireland, respectively, if that person would fall within paragraph (4)(a) or (b) of regulation 23, or paragraph (3)(a) or (b) of regulation 27, without such leave.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.