The Immigration, Nationality and Asylum (EU Exit) Regulations 2019

CitationSI 2019/745
JurisdictionUK Non-devolved

2019No. 745

EXITING THE EUROPEAN UNION

IMMIGRATION

NATIONALITY

The Immigration, Nationality and Asylum (EU Exit) Regulations 2019

Made28thMarch2019

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 8(1) and 23(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018( 1).

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1

Introduction

Citation, commencement, extent and interpretation

1.—(1) These Regulations may be cited as the Immigration, Nationality and Asylum (EU Exit) Regulations 2019.

(2) These Regulations come into force on the later of exit day or the day after the day on which they are made.

(3) Subject to paragraphs (4) and (5), these Regulations extend to England and Wales, Scotland and Northern Ireland.

(4) Any amendment, repeal or revocation made by these Regulations has the same extent within the United Kingdom as the provision to which it relates.

(5) Any saving or transitional provision in these Regulations has the same extent within the United Kingdom as the provision to which it relates.

(6) In these Regulations “domestic law” means the law of England and Wales, Scotland or Northern Ireland.

PART 2

Immigration and Nationality

Chapter 1

Amendment of primary legislation

Amendment of the Marriage Act 1949

2. In section 78 of the Marriage Act 1949( 2) (interpretation), in subsection (1), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

Amendment of the Aliens' Employment Act 1955

3.—(1) The Aliens' Employment Act 1955( 3) is amended as follows.

(2) In section 1(5) (definition of a “relevant European”)—

(a) for paragraph (a) substitute—

“(a) a national of an EEA State or a person, other than a person to whom paragraph (b) applies, who is entitled to reside in the United Kingdom by virtue of regulation 13, 14, 15 or 16 of the Immigration (European Economic Area) Regulations 2016( 4);”;

(b) for paragraph (b) substitute—

“(b) a Swiss national or a person who is entitled to take up any activity as an employed person in the United Kingdom by virtue of rights which—

(i) are derived from Article 7(e) of the Swiss free movement agreement and Article 3(5) of Annex 1 of that agreement, and

(ii) continue to be recognised and available in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018;”;

(c) for paragraph (c) substitute—

“(c) a person who is entitled to take up any activity as an employed person in the United Kingdom by virtue of rights which—

(i) are 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 Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963, and

(ii) continue to be recognised and available in domestic law by virtue of section 4 of the European Union (Withdrawal) Act 2018.”.

(3) After section 1(5) insert—

“(5A) In subsection (5), “the Swiss free movement agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons (done at Luxembourg on 21 June 1999).”.

Amendment of the Immigration Act 1971

4.—(1) The Immigration Act 1971( 5) is amended as follows.

(2) In section 2 (statement of right of abode in United Kingdom)( 6), in subsection (2), for “and section 5(2)” substitute “, section 5(2) and section 25”.

(3) In section 25 (assisting unlawful immigration to member State)( 7)

(a) in the heading, after “member State” insert “or the United Kingdom”;

(b) in subsection (1)—

(i) in each place where it appears, for “not” substitute “neither”;

(ii) in each place where it appears, after “citizen of the European Union” insert “nor a national of the United Kingdom”;

(c) in subsection (2)—

(i) after “member State” insert “or the United Kingdom”;

(ii) after “of the State” insert “or, as the case may be, of the United Kingdom”;

(iii) in paragraphs (a), (b) and (c), after “the State” insert “or the United Kingdom”;

(d) after subsection (2), insert—

“(2A) In subsections (1) and (2), “national of the United Kingdom” means—

(a) a British citizen;

(b) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981( 8) and who has the right of abode in the United Kingdom; or

(b) a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.”;

(e) in subsection (7)(a), for the words from “a State” to the end substitute “Norway or Iceland”;

(f) in subsection (7)(b), for “a State on that list”, substitute “Norway or Iceland”;

(g) omit subsection (8).

(4) In section 25C (forfeiture of vehicle, ship or aircraft)( 9), in subsection (9)(a), after “a member State” insert “or the United Kingdom”.

Amendment of the Marriage (Scotland) Act 1977

5. In section 26 of the Marriage (Scotland) Act 1977( 10) (interpretation), in subsection (2), in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

Amendment of the Rent Act 1977

6. In Schedule 15 to the Rent Act 1977( 11) (grounds for possession of dwelling-houses let on or subject to protected or statutory tenancies), in Part 1 (cases in which a court may order possession), in Case 10A, in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

Amendment of the British Nationality Act 1981

7. For section 5 of the British Nationality Act 1981( 12) (acquisition by registration: nationals for purposes of the EU Treaties) substitute—

“5 Acquisition by registration: British overseas territories citizens having connection with Gibraltar

A person who is a British overseas territories citizen by virtue of a connection with Gibraltar is entitled to be registered as a British citizen if an application is made for their registration as such a citizen.”.

Amendment of the Immigration Act 1988

8.—(1) The Immigration Act 1988( 13) is amended as follows.

(2) In section 7 (persons exercising Community rights and nationals of member States)—

(a) for the heading, substitute “Rights under retained EU law”;

(b) in subsection (1), for the words from “an enforceable EU right” to the end, substitute—

“—

(a) a retained enforceable EU right, or

(b) any provision made under section 2(2) of the European Communities Act 1972( 14) as that provision is modified from time to time.”;

(c) after subsection (1), insert—

“(1A) “Retained enforceable EU right” means a right that—

(a) was created or arose by or under the EU Treaties before the coming into force of this subsection, and

(b) forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018,

as that right is modified from time to time.”.

Amendment of the Housing Act 1988

9. In Schedule 2 to the Housing Act 1988( 15) (grounds for possession of dwelling-houses let on assured tenancies), in Part 1 (grounds on which court must order possession), in ground 7B, in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”.

Amendment of the Police Act 1997

10. In Schedule 8B to the Police Act 1997( 16) (offences which are to be disclosed subject to rules), in paragraph 69 (immigration, etc), in sub-paragraph (c), in the words in brackets, after “member State” insert “or the United Kingdom”.

Amendment of the Immigration and Asylum Act 1999

11.—(1) The Immigration and Asylum Act 1999( 17) is amended as follows.

(2) In section 10 (removal of persons unlawfully in the United Kingdom)( 18)

(a) in subsection (5), for the words from “an enforceable EU right” to the end, substitute—

“—

(a) a retained enforceable EU right, or

(b) any provision made under section 2(2) of the European Communities Act 1972 as that provision is modified from time to time.”;

(b) after subsection (5), insert—

“(5A) “Retained enforceable EU right” means a right that—

(a) was created or arose by or under the EU Treaties before the coming into force of this subsection, and

(b) forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018,

as that right is modified from time to time.”.

(3) In section 24 (duty to report suspicious marriages)( 19), in subsection (6)—

(a) in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”;

(b) omit the definition of “United Kingdom immigration law”.

(4) In section 24A (duty to report suspicious civil partnerships)( 20), in subsection (5A)—

(a) in the definition of “relevant national”, in paragraph (b), omit “other than the United Kingdom”;

(b) omit the definition of “United Kingdom immigration law”.

(5) In section 82 (interpretation of Part V)( 21), in subsection (1), in the definition of “relevant matters”—

(a) after paragraph (f) insert—

“(fa) admission to the United Kingdom under retained EU law;”;

(b) after paragraph (g) insert—

“(ga) residence in the United Kingdom in accordance with rights conferred by or under retained EU law;”.

(6) In section 84 (provision of immigration services)( 22), in subsection (2)—

(a) omit paragraphs (c) and (d) (but not the “or” at the end of paragraph (d));

(b) in paragraph (e), for “(d)” substitute “(ba)”.

(7) In section 86 (designated professional bodies)( 23), in subsection (8), in paragraph (a), for “an EEA State” substitute “Scotland or Northern Ireland”.

(8) In section 93 (disclosure of information)( 24), in subsection (3)(b), omit “or any EU obligation of the Commissioner”.

Amendment of the Nationality, Immigration and Asylum Act 2002

12.—(1) The Nationality, Immigration and Asylum Act 2002( 25) is amended as...

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