The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020

JurisdictionUK Non-devolved
CitationSI 2020/1309
(1) These Regulations may be cited as the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020.regulations 47, 48 and 49 which come into force immediately before that time and date;regulation 20(7) and (8) which come into force on 1st December 2020;regulations 3, 7, 12(3) and (4) ,14,15(3) , 16, 20(5) and (6) , 31, 36, 37 and 40 to 44 which come into force on 1st July 2021.(3) Any provision of these Regulations which amends, repeals or revokes an enactment has the same extent as the enactment amended, repealed or revoked (ignoring extent by virtue of an Order in Council under any of the Immigration Acts) .(4) Any saving, transitional or transitory provision in these Regulations has the same extent within the United Kingdom as the provision to which it relates.
  • In these Regulations—
  • (1) The Marriage Act 1949 after paragraph (a) insert—
    • (aa) an Irish citizen, or
    • (ab) a person who is not an Irish citizen and who—(i) has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020 , or
    an Irish citizen, orhas leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020 is an applicant for the purposes of regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 omit paragraphs (b) and (c) .(1) The Aliens' Employment Act 1955 (2) For section 1(5) (definition of a “relevant European”) substitute—
    • “(5) In subsection (1) (c) a “relevant European” means—
    • (a) a person who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules;
    • (b) a person who—
    • (i) has leave to enter or remain in the United Kingdom which was granted before IP completion day otherwise than by virtue of residence scheme immigration rules, but
    • (ii) immediately before IP completion day, could have met the eligibility requirements for leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if the person were to have made an application for such leave at that time;
    a person who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules;has leave to enter or remain in the United Kingdom which was granted before IP completion day otherwise than by virtue of residence scheme immigration rules, butimmediately before IP completion day, could have met the eligibility requirements for leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules if the person were to have made an application for such leave at that time;falls within subsection (5A) , andimmediately before IP completion day had a Decision 1/80 entitlement; orfalls within subsection (5A) , andwould at the relevant time have had a Decision 1/80 entitlement but for the coming into force of paragraph 6(1) of Schedule 1 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (repeal of EU-derived rights etc) .the person has entry clearance, or leave to enter or remain in the United Kingdom, by virtue of the EC Association Agreement which was granted before IP completion day;the person has entry clearance, or leave to enter or remain in the United Kingdom, by virtue of the EC Association Agreement that was granted by virtue of an application made before IP completion day; orhad the entry clearance or leave described in paragraph (a) or (b) , andhas leave to remain in the United Kingdom granted by virtue of either Appendix ECAA (Extension of Stay) or Appendix ECAA (Settlement) , to the immigration rules For the purposes of subsections (5) and (5A) —
    • a Decision 1/80 entitlement” means an entitlement to take up any activity as an employed person in the United Kingdom by virtue of rights derived from Article 6(1) or 7 (rights of certain Turkish nationals and their family members to take up any economic activity, whatever their nationality) of Decision 1/80 of 19 September 1980 of the Association Council set up by the EC Association Agreement;
    • EC Association Agreement” means the...

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