2020 No. 1210
The Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 9(1) and (4) and 11(1) and (4) of, and paragraph 12 of Schedule 4 to, the European Union (Withdrawal Agreement) Act 2020.
These are the first regulations to be made under section 9 of that Act. In accordance with paragraph 1(1) of Schedule 4 to that Act, a draft of these Regulations was laid before and approved by a resolution of each House of Parliament.
S-1
Citation, commencement and interpretationCitation, commencement and interpretation
1.—(1) These Regulations may be cited as the Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 and come into force when the EEA Regulations 2016 are revoked.
(2) In these Regulations “the EEA Regulations 2016” means the Immigration (European Economic Area) Regulations 2016.
S-2
Continued application of the EEA Regulations 2016Continued application of the EEA Regulations 2016
2.—(1) Notwithstanding the revocation of the EEA Regulations 2016, the provisions of the EEA Regulations 2016 specified in the Schedule continue to have effect, but with the modifications set out in the Schedule, for the purpose of removing a person who is protected by the citizens’ rights provisions.
(2) For the purposes of paragraph (1), a person is protected by the citizens’ rights provisions if that person—
(a)
(a) has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;
(b)
(b) is in the United Kingdom (whether or not they have entered within the meaning of section 11(1) of the Immigration Act 1971) having arrived with entry clearance granted by virtue of relevant entry clearance immigration rules;
(c)
(c) is in the United Kingdom (whether or not they have entered within the meaning of section 11(1) of the Immigration Act 1971) having arrived with entry clearance granted by virtue of Article 23 of the Swiss citizens’ rights agreement; or
(d)
(d) may be granted leave to enter or remain in the United Kingdom as a person who has a right to enter the United Kingdom by virtue of—
(i) Article 32(1)(b) of the 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,
whether or not the person has been granted such leave.
(3) For the purposes of these Regulations, a person is also protected by the citizens’ rights provisions if that person was protected by the citizens’ rights provisions at the time that they became subject to a decision to remove them under regulation 23(6)(b) of the EEA Regulations 2016, including as those Regulations continue to have effect by virtue of these Regulations.
Amendment of the Immigration Act 1971
3.—(1) The Immigration Act 1971 is amended as follows.
(2) In section 3(10) (definition of “relevant person”), after paragraph (b) insert—
“(ba)
“(ba) if the person is in the United Kingdom (whether or not they have entered within the meaning of section 11(1)) having arrived with entry clearance granted by virtue of Article 23 of the Swiss citizens’ rights agreement,”.
Amendment of the UK Borders Act 2007
4.—(1) The UK Borders Act 2007is amended as follows.
(2) In section 33(6C) (definition of “relevant person”), after paragraph (b) insert—
“(ba)
“(ba) if the person is in the United Kingdom (whether or not they have entered within the meaning of section 11(1) of the Immigration Act 1971) having arrived with entry clearance granted by virtue of Article 23 of the Swiss citizens’ rights agreement,”.
SCHEDULE
Regulation 2(1)
SCHEDULE
1 Introductory
Unless otherwise specified, references within this Schedule to regulations or to Schedules are references to regulations within, or Schedules to, the EEA Regulations 2016.
2 Savings and modifications to definitions
Regulation 2 (general interpretation) continues to have effect with the following modifications to paragraph (1)—
a the definitions of “civil partner”, “civil partnership of convenience”, “durable partner”, “durable partnership of convenience”, “marriage of convenience” and “spouse” are omitted;
b in the definition of “EEA decision”, omit sub-paragraphs (a), (b) and (d);
c after the definition of “EEA decision”, insert—
““EEA EFTA separation agreement” has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);”;
d in the definition of “EEA State”, omit the words “other than the United Kingdom” so far as relevant to things done after exit day;
e after the definition of “permanent residence card”, insert—
““person protected by the citizens’ rights provisions” has the meaning given by regulation 2(2) of the Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020;”;
f after the definition of “spouse”, insert—
““Swiss citizens’ rights agreement” has the same meaning as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act).”.
Savings and modifications to Part 4Savings and modifications to Part 4
3 Regulation 23 (exclusion and removal from the United Kingdom) continues to have effect with the following modifications—
a omit paragraphs (1) to (5);
b in paragraph (6)—
i for “an EEA national who has entered the United Kingdom or the family member of such a national” substitute “a person protected by the citizens’ rights provisions”;
ii omit sub-paragraphs (a) and (c);
c in paragraph (7)—
i at the end of sub-paragraph (a), omit “or”;
ii omit sub-paragraph (b);
4 Regulation 27 (decisions taken on grounds of public policy, public security and public health) continues to have effect with the modification that in paragraph (3) and paragraph (4)(a), for “a right of permanent residence under regulation 15” substitute “indefinite leave to enter or remain in the United Kingdom granted under residence scheme immigration rules (as defined in section 17 of the European Union (Withdrawal Agreement) Act 2020)”.
Savings and modifications to Part 5Savings and modifications to Part 5
5 Regulation 32 (person subject to removal) continues to have effect with the following modifications—
b in paragraph (4), omit “or exclusion” and “, or in circumstances where that person was not entitled to be admitted under regulation 23(1) or (3),”;
c in paragraph (5), omit “on the grounds of public policy, public security or public health”;
6 Regulation 33 (human rights considerations and interim orders to suspend removal) continues to have effect.
7 Regulation 34 (revocation of deportation and exclusion orders) continues to have effect with the following modifications—
b in paragraph (3), omit “or exclusion”.
Savings and modifications to Part 6Savings and modifications to Part 6
8 Regulation 35 (interpretation of Part 6) continues to have effect.
9 Regulation 36 (appeal rights) continues to have effect with the following modifications—
a in paragraph (2)—
i for “to be an EEA national” substitute “to be a person protected by the citizens’...
