The Immigration (Restrictions on Employment etc.) (Amendment) (EU Exit) Regulations 2023

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to legislation relating to immigration (including access to benefits and services).

Regulation 2 amends article 4B of the Immigration (Restrictions on Employment) Order 2007 (S.I. 2007/3290) (“the 2007 Order”) in relation to checks of immigration status undertaken by employers in relation to the employment of employees using the Home Office online right to work checking service.

Regulation 3 amends the Illegal Working Compliance Orders Regulations 2016 (S.I. 2016/1058) in a way which is analogous to the amendments made to the 2007 Order.

Regulation 4 ensures that decisions to deport EEA nationals and their family members with pre-settled status, but who satisfy the eligibility criteria for settled status under the EU Settlement Scheme (“EUSS”), are made in accordance with the EU Withdrawal Agreement, the EEA EFTA Separation Agreement or the Swiss Citizens’ Rights Agreement (“the Agreements”) (see section 39 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) for the definitions of those Agreements). It ensures that said eligible persons benefit from the higher serious grounds of public policy or public security threshold, as set out in regulation 27 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (“the 2016 Regulations”), in respect of conduct committed before the end of the post-EU exit transition period at 11pm on 31 December 2020.

Regulation 5(2)(a) inserts paragraphs (ai) and (ia) into paragraph 4(n) of Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309) (“the 2020 Regulations”) to ensure such persons with pre-settled status granted under the EUSS, and who satisfy relevant criteria under the saved 2016 Regulations, are able to access benefits and services in accordance with the Agreements. Regulation 5(2)(b) and (c) inserts paragraphs 6(d) and 7(c) into Schedule 4 to the 2020 Regulations to include references to determining whether a person is eligible for homelessness assistance or an allocation of housing by a local housing authority in Scotland.

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.