The Immigration (European Economic Area Nationals) (EU Exit) Order 2019
| Year | 2019 |
2019 No. 686
Exiting The European Union
Immigration
The Immigration (European Economic Area Nationals) (EU Exit) Order 2019
Made 26th March 2019
Coming into force in accordance with article 1(2) and (3)
The Secretary of State, in exercise of the powers conferred by sections 3A(1), (2), (7) and (10) and 3B(1), (2) and (3) of the Immigration Act 19711, sections 11(1)(a) and (e) and 34(4) of the Channel Tunnel Act 19872, sections 126(1) and 141(1), (2) and (4)(b) of the Nationality, Immigration and Asylum Act 20023and section 38(1) and (3)(e) of the Immigration Act 20144makes the following Order.
In accordance with sections 3A(13) and 3B(6) of the Immigration Act 1971, section 34(3) of the Channel Tunnel Act 1987, sections 126(8)(b) and 141(5) of the Nationality, Immigration and Asylum Act 2002 and section 74(2)(b) of the Immigration Act 2014, a draft of this Order was laid before and approved by a resolution of each House of Parliament.
In accordance with section 141(5)(b) of the Nationality, Immigration and Asylum Act 2002, the Secretary of State has considered whether there is anyone with whom it would be appropriate to consult and has concluded that there is not.
PART 1
Introduction
Citation and commencement
1.—(1) This Order may be cited as the Immigration (European Economic Area Nationals) (EU Exit) Order 2019.
(2) Chapter 1 of Part 2 of this Order comes into force when the Immigration (European Economic Area) Regulations 20165are revoked.
(3) The remaining provisions of this Order come into force on the later of 30th March 2019 or the day after the day on which they are made.
PART 2
Leave to enter or remain
Chapter 1
Grant of leave to EEA and Swiss nationals
Interpretation
2. In this Chapter—
“the 1971 Act” means the Immigration Act 1971;
“control zone” means that part of the territory of another state in which immigration officers are empowered to exercise immigration controls by virtue of one or more of the International Treaties;
“EEA national” means a national of an EEA state;
“immigration officer” has the same meaning as in the Immigration Acts6;
“International Treaties” means the following—
(a) the Treaty between the United Kingdom of Great Britain and Northern Ireland and the French Republic concerning the Construction and Operation by Private Concessionaires of a Channel Fixed Link, which was signed at Canterbury on 12th February 1986 and entered into force on 29th July 1987, together with its supplementary protocols and arrangements7;
(b) the Protocol between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic Concerning Frontier Controls and Policing, Co-operation in Criminal Justice, Public Safety and Mutual Assistance Relating to the Channel Fixed Link which was signed on 25th November 1991 and entered into force on 2nd August 19938;
(c) the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland, the Government of the Kingdom of Belgium and the Government of the French Republic concerning Rail Traffic between Belgium and the United Kingdom using the Channel Fixed Link, which was signed at Brussels on 15th December 1993 and entered into force on 1st December 1997, together with its Protocol9;
(d) the Additional Protocol to the Sangatte protocol between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic on the establishment of bureaux responsible for controls on persons travelling by train between the United Kingdom and France, which was signed at Brussels on 29th May 2000 and entered into force on 25th May 200110;
(e) the Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic concerning the Implementation of Frontier Controls at the Sea Ports of Both Countries on the Channel and North Sea, which was signed at Le Touquet on 2nd February 2003 and entered into force on 1st February 200411;
(f) the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Belgium, concerning Immigration Controls on Rail Traffic between Belgium and the United Kingdom using the Channel Fixed Link which was signed at London on 3rd December 2018 and at Brussels on 18th December 2013 and entered into force on 1st October 201612.
Grant of leave to EEA and Swiss nationals
3.—(1) A person to whom this article applies has leave to enter the United Kingdom.
(2) This article applies to a person who–
(a)
(a) is an EEA national or a national of Switzerland;
(b)
(b) requires leave to enter the United Kingdom or would require leave to enter if that person were not arriving on a local journey from within the common travel area;
(c)
(c) is travelling on a valid national identity card or a valid passport issued by an EEA state or Switzerland;
(d)
(d) does not otherwise have leave to enter the United Kingdom;
(e)
(e) does not have an entry clearance complying with the requirements of article 3 of the Immigration (Leave to Enter and Remain) Order 2000 (requirements)13;
(f)
(f) is not a person to whom article 4 of this Order applies;
(g)
(g) either—
(i) arrives at a port in the United Kingdom and presents the document mentioned in sub-paragraph (c) to an immigration officer or an automated gate;
(ii) enters a control zone and presents the document mentioned in sub-paragraph (c) to an immigration officer or an automated gate;
(iii) arrives in the United Kingdom on a local journey from the Republic of Ireland, or
(iv) otherwise arrives in the United Kingdom and either presents the document mentioned in sub-paragraph (c) to an immigration officer or disembarks in accordance with arrangements approved by an immigration officer pursuant to paragraph 27(1)(a) of Schedule 2 to the 1971 Act14, and
(h)
(h) does not apply for leave to enter the United Kingdom as a visitor or a short-term student within the meaning of the immigration rules15.
Persons who may not obtain leave under article 3
4.—(1) This article applies to a person described in any of paragraphs (2) to (7).
(2) This paragraph applies to person who is subject to a deportation order made under section 5 of the 1971 Act (procedure for, and further provisions as to, deportation)16 or a decision to make a deportation order under that section.
(3) This paragraph applies to a person who is an excluded person for the purposes of section 8B of the 1971 Act (persons excluded from the United Kingdom under certain instruments)17.
(4) This paragraph applies to a person who is subject to an exclusion order made under regulation 23(5) of the Immigration (European Economic Area) Regulations 2016 (exclusion and removal from the United Kingdom).
(5) This paragraph applies to a person who is subject to a removal decision made under regulation 23(6) of the Immigration (European Economic Area) Regulations 2016.
(6) This paragraph applies to a person in respect of whom directions have been given by the Secretary of State for that person not to be given entry to the United Kingdom on the ground that the person’s exclusion is conducive to the public good.
(7) This paragraph applies to a person in respect of whom a removal direction has been given under section 10(7) of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom)18.
Nature of leave granted by virtue of article 3
5. A person who has leave to enter by virtue of article 3 is to be treated for the purposes of the Immigration Acts and the immigration rules—
(a) as if that person had been given the leave by notice in accordance with section 4 of the 1971 Act (administration of control)19, and
(b) as if the leave had been given before that person’s arrival in the United Kingdom or entry into the control zone.
Duration and condition of leave
6. Leave by virtue of article 3 is given for a period of three months.
Chapter 2
Appendix EU to the immigration rules
Grant of leave by virtue of Appendix EU to the immigration rules
7. The Secretary of State may give or refuse leave to enter the United Kingdom to any person who seeks leave to enter the United Kingdom by virtue of Appendix EU to the immigration rules20.
Amendments to the Immigration (Leave to Enter and Remain) Order 2000
8.—(1) The Immigration (Leave to Enter and Remain) Order 200021is amended as follows.
(2) In article 1(3) (interpretation) at the appropriate...
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