The Immigration (Persons Designated under Sanctions Regulations) (EU Exit) (Amendment) Regulations 2022

Statutory Instruments

2022 No. 1394

Immigration

The Immigration (Persons Designated under Sanctions Regulations) (EU Exit) (Amendment) Regulations 2022

Made

21st December 2022

Coming into force

11th January 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by section 48(4)(e) of the Sanctions and Anti-Money Laundering Act 2018(1).

In accordance with section 55(5) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Immigration (Persons Designated under Sanctions Regulations) (EU Exit) (Amendment) Regulations 2022 and come into force on the twenty-first day after the day on which they are made.

(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Effect of immigration designation: persons lawfully in the United Kingdom

2.  In regulation 3 of the Immigration (Persons Designated under Sanctions Regulations) (EU Exit) Regulations 2020(2) (effect of immigration designation: persons lawfully in the United Kingdom), after paragraph (2) insert—

“(2A) Paragraph (2) ceases to apply if the person leaves the United Kingdom.”.

Robert Jenrick

Minister of State

Home Office

21st December 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend regulation 3 of the Immigration (Persons Designated under Sanctions Regulations) (EU Exit) Regulations 2020 (S.I. 2020/1101) which provides for the effect of an immigration designation under section 48 of the Sanctions and Anti-Money Laundering Act 2018 (c. 13) on a person lawfully in the United Kingdom. The amendments have the effect that if such a person leaves the United Kingdom either within the 20 working day period from the date of notification of the designation or, having made an immigration claim, prior to the notice of the appropriate Minister’s decision on it, then they are no longer treated as a person falling within section 8B(5A)(a) of the Immigration Act 1971 (in respect of whom refusal or cancellation of leave to enter or remain etc. would be contrary to the United Kingdom’s obligations under the Human Rights Convention or the Refugee Convention).

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.

(1)

2018 c. 13.

(2)

S.I. 2020/1101.