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

Amendment of the Immigration (Control of Entry through Republic of Ireland) Order 1972 U.K.

6.—(1) The Immigration (Control of Entry through Republic of Ireland) Order 1972 is amended as follows.

(2) In article 2(1) (interpretation) M1 , at the appropriate places insert—

“exempt work activity” means an activity listed in Appendix Visitor: Permitted Activities to the immigration rules M2 , except those listed in paragraphs PA 1, PA 2, and PA 16.1 to 18;

“occupation or employment” includes, in particular, the following activities in the United Kingdom (whether paid or unpaid)—

(a)

undertaking employment;

(b)

doing any work for an organisation or business;

(c)

establishing or running a business as a self-employed person;

(d)

undertaking a work placement or internship;

(e)

undertaking any direct selling to the public;

(f)

fulfilling a contract to provide goods or services;

“permitted paid engagement” means an engagement listed in paragraph V13.3. of Appendix V:Visitor to the immigration rules M3 ;

“permitted payment” means a payment of a type listed in paragraph V4.6.(a) to (f) of Appendix V:Visitor to the immigration rules, save that the words in paragraph V4.6.(f) “where the requirements of V13.1. to V13.3. are met” do not apply to payments permitted by this Order;.

(3) In article 3 (persons excluded from section 1(3) of the Act) M4 , after paragraph (1)(b)(vi) insert—

“(vii) he is a person who has at any time been refused admission to the United Kingdom under regulation 23(1), (3) or (4) of the Immigration (European Economic Area) Regulations 2016 M5 , and has not since then been granted admission to, or leave to enter or remain in, the United Kingdom;

(viii) he is a person in respect of whom the Secretary of State has made a removal decision under regulation 23(6)(a) or (c) of the Immigration (European Economic Area Regulations) 2016, and has not since then been granted admission to or leave to enter or remain in, the United Kingdom;

(ix) he is a person who has at any time been refused admission to the United Kingdom under regulation 12(1)(a) or (c) of the Citizens' Rights (Frontier Worker) (EU Exit) Regulations 2020 M6 , and has not since then been granted admission to, or leave to enter or remain in, the United Kingdom;

(x) he is a person in respect of whom the Secretary of State has made a removal decision under regulation 15(1)(a) or (c) of the Citizens' Rights (Frontier Worker) (EU Exit) Regulations 2020.”.

(4) In article 4 (restrictions and conditions on entry through Ireland) M7 —

(a) in paragraph (1), after “(2B)” insert “ and (2C) and (2D) ”;

(b) after paragraph (2B) M8 insert—

“(2C) This Article does not apply to any person to whom Article 5 applies, or applied at the time the person entered the United Kingdom.

(2D) This Article does not apply to any person to whom Article 6 applies.”;

(c) in paragraph (4)—

(i) in sub-paragraph (a), for “three” substitute “ six ”;

(ii) for sub-paragraph (b) (including the “and” after it) substitute—

“(b) he must not engage in any occupation or employment except an exempt work activity, for which he may receive a permitted payment.”;

(iii) omit sub-paragraph (c);

(d) for paragraph (6B)(b) substitute—

“(b) the person must not engage in any occupation or employment except an exempt work activity, for which the person may receive a permitted payment.”;

(e) in paragraph (7)—

(i) for “three” substitute “ six ”;

(ii) for “seven days” substitute “ two months ”.

(5) After Article 4 insert—

“5.— (1) Subject to paragraph (3), this Article applies to any person who does not have the right of abode in the United Kingdom under section 2 of the Act, and who—

(a) enters the United Kingdom on a local journey from the Republic of Ireland after having entered the Republic of Ireland—

(i) on coming from a place outside the common travel area; or

(ii) after leaving the United Kingdom whilst having limited leave to enter or remain there which has since expired; and

(b) at the time of the person's entry to the United Kingdom and continuously whilst in the United Kingdom, is a S2 Healthcare Visitor; and

(c) at the time of the person's entry to the United Kingdom, is in possession of—

(i) in the case of a patient (“P”), a valid S2 certificate of entitlement to scheduled treatment; or

(ii) in the case of an accompanying person, the documents set out in paragraph (2).

(2) The documents referred to in paragraph (1)(c)(ii) are an original or copy of—

(a) P's valid S2 certificate of entitlement to scheduled treatment or evidence of P's leave to enter or remain in the United Kingdom as a S2 Healthcare Visitor; and

(b) if P is an EEA citizen, P's valid national identity card or passport; or if P is a not an EEA citizen, P's passport.

(3) This Article does not apply to any person who arrives in the United Kingdom with leave to enter or remain in the United Kingdom which is in force but which was given to the person before their arrival, or who requires leave to enter the United Kingdom by virtue of Article 3 or section 9(4) of the Act.

(4) A person to whom this Article applies is subject to the restrictions in paragraph (5).

(5) The restrictions referred to in this paragraph are—

(a) the period for which the person may remain in the United Kingdom is not more than six months from the date on which the person entered the United Kingdom;

(b) the person must not engage in any occupation or employment.

(6) In this Article—

“accompanying person” means a person who is a S2 Healthcare Visitor who is accompanying a patient (“P”) to the United Kingdom at the same time as P's entry into the United Kingdom, or who is joining P in the United Kingdom on a date after P's entry into the United Kingdom, for the purpose of providing P with care or support during P's course of planned healthcare treatment;

“EEA citizen” means a person who is a national of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland who is not also a British citizen;

“patient” means a person who is a S2 Healthcare Visitor who is undergoing or plans to undergo a course of planned healthcare treatment in the United Kingdom and who, before entry to the United Kingdom, has been granted a valid S2 certificate of entitlement to scheduled treatment;

“S2 certificate of entitlement to scheduled treatment” has the same meaning as a portable document S2 issued under Regulation (EC) 883/2004 M9 ;

“S2 Healthcare Visitor” means a person with a right to enter the United Kingdom by virtue of and in accordance with—

(i)

Article 32(1)(b) of the EU withdrawal agreement;

(ii)

Article 31(1)(b) of the EEA EFTA separation agreement; or

(iii)

Article 26a(1)(b) of the Swiss citizens' rights agreement;

and references to the “EEA EFTA separation agreement” and the “Swiss citizens' rights agreement” have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act).

6.— (1) Subject to paragraph (2), this Article applies to any person who does not have the right of abode in the United Kingdom under section 2 of the Act and is not an Irish citizen, and who—

(a) enters the United Kingdom on a local journey from the Republic of Ireland after having entered the Republic of Ireland—

(i) on coming from a place outside the common travel area; or

(ii) after leaving the United Kingdom whilst having limited leave to enter or remain there which has since expired; and

(b) at the time of the person's entry to the United Kingdom, intends, and has a previously arranged invitation, to undertake a permitted paid engagement in the United Kingdom.

(2) This Article does not apply to any person who arrives in the United Kingdom with leave to enter or remain in the United Kingdom which is in force but which was given to the person before their arrival, or who requires leave to enter the United Kingdom by virtue of Article 3 or section 9(4) of the Act.

(3) Subject to paragraph (5), a person to whom this Article applies is subject to the restrictions and conditions in paragraph (4).

(4) The restrictions and conditions referred to in this paragraph are—

(a) the period for which the person may remain in the United Kingdom is not more than one month from the date on which the person entered the United Kingdom; and

(b) the person must not engage in any occupation or employment except an exempt work activity or the permitted paid engagement referred to in paragraph (1)(b); and

(c) where the person is undertaking an exempt work activity or the permitted paid engagement, the person may receive a permitted payment.

(5) If a person to whom this Article has applied at any time, leaves the United Kingdom but does not leave the common travel area, on the person's subsequent entry to the United Kingdom the restrictions and conditions in paragraph (6) apply to them.

(6) The restrictions and the conditions referred to in this paragraph are—

(a) the period for which the person may remain in the United Kingdom is not more than seven days from the date on which the person entered the United Kingdom; and

(b) the person must not engage in any occupation or employment except an exempt work activity or any permitted paid engagement; and

(c) where the person is undertaking an exempt work activity or permitted paid engagement, the person may receive a permitted payment.”.

Commencement Information

I1 Reg. 6(1)(2)(4) in force at 31.12.2020 on IP completion day, see reg. 1(2)

I2 Reg. 6(3) in force at 31.12.2020 on IP completion day for specified purposes and immediately after IP completion day in so far as not already in force, see reg. 1(2)(3)(c)

I3 Reg. 6(5) in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)(b)

Marginal Citations

M1 Article 2(1) was amended by S.I. 2014/2475 and is prospectively amended by S.I. 2020/1309 which comes into force at the same time as this instrument.

M2 Appendix V: Visitor and Appendix Visitor: Permitted Activities were laid before Parliament on 22nd October 2020 (HC 813).

M3 Laid before Parliament on 22nd October 2020 (HC 813).

M4 Article 3(1)(b)(vi) is prospectively inserted by regulation 2 of S.I. 2019/468 which comes into force at the same time as this instrument. Other amendments have been made to article 3(1)(b) by S.I. 2014/2475.

M5 S.I. 2016/1052, amended by S.I. 2017/1, 2017/1242, and 2018/801. Regulation 23(1) and (6) is prospectively amended by regulation 43 of S.I. 2019/745.

M6 Regulation 12 of the Citizens' Rights (Frontier Worker) (EU Exit) Regulations 2020 (S.I. 2020/1213) comes into force at the same time as this instrument.

M7 Article 4 has been amended by S.I. 1982/1028, 2000/1776, and 2014/2475. It is prospectively amended by regulation 24 of S.I. 2019/745. It is also prospectively amended by S.I. 2019/468 and 2020/1309 which come into force at the same time as this instrument.

M8 Article 4(2B) is prospectively inserted by regulation 28 of S.I 2020/1213.

M9 Regulation (EC) No.883/2004 of the European Parliament and of the Council of 29 April 2004 on coordination of social security systems.