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

Chapter 1U.K.Amendment and saving of primary legislation

Amendment of the Aliens' Employment Act 1955U.K.

4.—(1) The Aliens' Employment Act 1955 M4 is amended in accordance with paragraph (2).

(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;

(c)a person who—

(i)falls within subsection (5A), and

(ii)immediately before IP completion day had a Decision 1/80 entitlement; or

(d)a person who—

(i)falls within subsection (5A), and

(ii)would 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).

(5A) A person falls within this subsection if—

(a)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;

(b)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; or

(c)the person—

(i)had the entry clearance or leave described in paragraph (a) or (b), and

(ii)has 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 M5.

(5B) 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 Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963

“eligibility requirements for leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules” means the eligibility requirements for such leave in accordance with paragraph EU11, EU12 or EU14 of Appendix EU to the immigration rules;

“entry clearance” and “immigration rules” have the meaning given by section 33(1) of the Immigration Act 1971 M6;

“leave to enter or remain in the United Kingdom” means limited leave or indefinite leave within the meaning given by section 33(1) of the Immigration Act 1971;

“the relevant time” means the time at which the question whether the person is a relevant European is under consideration;

“residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020 M7.”.

Amendment and saving of the Immigration Act 1971U.K.

5.—(1) The Immigration Act 1971 is amended in accordance with paragraphs (2) to (6).

(2) In section 9 (further provisions as to common travel area) M8, in subsection (4)(a) —

(a)omit “written”;

(b)omit “as being in the interests of national security”.

(3) In section 25 (assisting unlawful immigration to member State) M9—

(a)in subsection (1), in both places it occurs, for “a citizen of the European Union” substitute “ a national of the United Kingdom ”;

(b)in subsection (7), omit paragraph (b) (and the “and” before it).

(4) Section 25B (assisting entry to United Kingdom in breach of deportation or exclusion order) M10 is omitted.

(5) In Schedule 4 (integration with United Kingdom law of immigration law of Islands), in paragraph 3 (deportation) M11 —

(a)in sub-paragraph (2)—

(i)after paragraph (a) insert—

“(aa)an Irish citizen;”;

(ii)omit paragraphs (b) and (c) (and the “or” after paragraph (c));

(iii)at the appropriate place, insert—

“(ca)a relevant person (see paragraph 3A); or”;

(iv)in paragraph (d), for “such a citizen nor an EEA national” substitute “ a British citizen nor an Irish citizen ”;

(b)in sub-paragraph (4), for “(b), (c)” substitute “ (aa), (ca) ”.

(6) In that Schedule, after paragraph 3, insert —

“Relevant person for purposes of paragraph 3

3A—(1) For the purposes of paragraph 3, a person is a “relevant person”—

(a)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 relevant entry clearance immigration rules;

(b)if the person has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules;

(c)if the person 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 EU withdrawal agreement;

(ii)Article 31(1)(b) of the EEA EFTA separation agreement, or

(iii)Article 26(a)(1)(b) of the Swiss citizens' rights agreement,

whether or not the person has been granted such leave, or

(d)if the person may enter the United Kingdom by virtue of regulations made under section 8 of the European Union (Withdrawal Agreement) Act 2020 (frontier workers), whether or not the person has entered by virtue of those regulations.

(2) In this paragraph—

• “EEA EFTA separation agreement” and “Swiss citizens' rights agreement” have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);

• “relevant entry clearance immigration rules” and “residence scheme immigration rules” have the meanings given by section 17 of the European Union (Withdrawal Agreement) Act 2020.”.

(7) Notwithstanding its repeal by paragraph (4), section 25B of the Immigration Act 1971 continues to apply where an order is in force excluding an individual from the United Kingdom and the order—

(a)was made before commencement day by virtue of the Immigration (European Economic Area) Regulations 2016 and continues in force under paragraph 2 of Schedule 3 to these Regulations, or

(b)is made on or after commencement day by virtue of those 2016 Regulations as they continue to have effect by virtue of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.

Amendment of the Rent Act 1977U.K.

6.—(1) The Rent Act 1977 M12 is amended as follows.

(2) In Schedule 15 (grounds for possession of dwelling-houses let on or subject to protected or statutory tenancies), in Part 1 (cases in which court may order possession), in Case 10A (case relating to disqualification as a result of immigration status), in the definition of “relevant national”—

(a)after paragraph (a) insert—

“(aa)an Irish citizen, or

(ab)a person who is not an Irish citizen and who 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.”;

(b)omit paragraphs (b) and (c).

Amendment of the Housing Act 1988U.K.

8.—(1) The Housing Act 1988 M14 is amended as follows.

(2) In Schedule 2 (grounds for possession of dwelling-houses let on assured tenancies), in Ground 7B, in the definition of “relevant national”—

(a)after paragraph (a) insert—

“(aa)an Irish citizen, or

(ab)a person who is not an Irish citizen and who 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.”;

(b)omit paragraphs (b) and (c).

Amendment of the Housing (Northern Ireland) Order 1988U.K.

9.—(1) The Housing (Northern Ireland) Order 1988 M15 is amended as follows.

(2) In Article 7A (persons not eligible for housing assistance), for paragraph (4A)(b) substitute—

“(b)is not a person who, immediately before IP completion day, was—

(i)a national of an EEA State or Switzerland, and

(ii)within a class specified in an order under section 119(1) of the Immigration and Asylum Act 1999 M16 which had effect at that time.”.

Amendment of the Housing Act 1996U.K.

10.—(1) The Housing Act 1996 M17 is amended as follows.

(2) In section 185 (persons from abroad not eligible for housing assistance), for subsection (5)(b) substitute—

“(b)is not a person who, immediately before IP completion day, was—

(i)a national of an EEA State or Switzerland, and

(ii)within a class prescribed by regulations made under subsection (2) which had effect at that time.”.

Amendment of the Special Immigration Appeals Commission Act 1997U.K.

11.—(1) The Special Immigration Appeals Commission Act 1997 M18 is amended as follows.

(2) In section 2C (jurisdiction: review of certain exclusion decisions)—

(a)in subsections (1) and (2), for “non-EEA national or relevant person”, in each place it occurs, substitute “ person ”;

(b)in subsection (5), omit the words from the beginning to the second “and”.

Amendment of the Immigration and Asylum Act 1999U.K.

12.—(1) The Immigration and Asylum Act 1999 M19 is amended as follows.

(2) In section 10 (removal of persons unlawfully in the United Kingdom) M20, in subsection (5), for the words from “neither” to the end of that subsection substitute—

“none of the following—

(a)a British citizen,

(b)an Irish citizen,

(c)a person who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules.”

(3) In section 24 (duty to report suspicious marriages) M21, in subsection (6), in the definition of “relevant national”—

(a)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, or

(ii)is an applicant for the purposes of regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired;”;

(b)omit paragraphs (b) and (c).

(4) In section 24A (duty to report suspicious civil partnerships) M22, in subsection (5A), in the definition of “relevant national”—

(a)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, or

(ii)is an applicant for the purposes of regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired.”;

(b)omit paragraphs (b) and (c).

(5) In section 82 (interpretation of Part V) M23, in subsection (1), in the definition of “relevant matters” omit paragraphs (e), (f) and (g).

(6) In section 115 (exclusion from benefits) M24, in subsection (9), omit “who is not a national of an EEA State and”.

(7) In section 119 (homelessness: Scotland and Northern Ireland) M25 for “for subsection (1A)(b)” substitute—

“(b)is not a person who, immediately before IP completion day, was—

(i)a national of an EEA State or Switzerland, and

(ii)within a class specified in an order under subsection (1) which had effect at that time.”.

(8) In section 167 (interpretation) M26, in subsection (1), after the definition of “the Refugee Convention” at the appropriate place insert—

“residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020;”.

Amendment and saving of the Nationality, Immigration and Asylum Act 2002U.K.

13.—(1) The Nationality, Immigration and Asylum Act 2002 M27 is amended in accordance with paragraphs (2) to (4).

(2) In section 58 (voluntary departure from the United Kingdom)—

(a)in subsection (1)(a), omit “or an EEA national”;

(b)omit subsection (4).

(3) In section 126(2) (physical data: compulsory provision)—

(a)at the end of paragraph (c) insert “ or ”;

(b)omit paragraph (e) M28 (and the “or” before it).

(4) In Schedule 3 (withholding and withdrawal of support)—

(a)in paragraph 3 (exceptions) M29, omit sub-paragraph (b) (and the “or” before it);

(b)omit paragraph 5 (second class of ineligible person: citizen of EEA state) M30;

(c)in paragraph 8 (travel assistance) omit “or 5”.

(5) The amendments made by paragraph (3) do not affect the operation of any regulations made under section 126(1) of the Nationality, Immigration and Asylum Act 2002 before commencement day in relation to any application for a document referred to in section 126(2)(e) that was made before commencement day.

Amendment of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004U.K.

15.—(1) The Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 M32 is amended as follows.

(2) In section 2 (offences to do with entering the United Kingdom without a passport) M33—

(a)in subsection (4)—

(i)for paragraph (a) substitute—

“(a)to prove that he is —

(i)an Irish citizen,

(ii)has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules, or

(iii)is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 M34,”;

(ii)omit paragraph (b);

(b)in subsection (5)—

(i)for paragraph (a) substitute—

“(a)to prove that the child is—

(i)an Irish citizen,

(ii)has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules, or

(iii)is a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020,”;

(ii)omit paragraph (b);

(c)in subsection (12)—

(i)omit the definition of “EEA national”;

(ii)in the definition of “immigration document” omit the “and” after paragraph (b);

(iii)after the definition of “leave or asylum interview” insert—

““residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.”.

(3) In section 19 (England and Wales) M35—

(a)in subsection (2)(a) (procedure for marriage: England and Wales)—

(i)after “district” insert “ which is ”;

(ii)after “State” insert “ and is the appropriate registration district ”;

(b)after subsection (2) insert—

“(2A) For the purposes of subsection (2) “the appropriate registration district” means—

(a)if the parties have resided in the same specified registration district for the period of seven days immediately before the giving of the notice (“the 7 day period”), that specified registration district,

(b)if one or both of the parties have resided in a specified registration district (but not the same specified registration district) for the 7 day period, the specified registration district in which one of them has resided for that period, or

(c)if neither of the parties has resided in a specified registration district for the 7 day period, any specified registration district.

(2B) In subsection (2A), “specified registration district” means a registration district specified for the purposes of subsection (2)(a) by regulations made under that provision.”.

Amendment and saving of UK Borders Act 2007U.K.

17.—(1) The UK Borders Act 2007 M41 is amended in accordance with paragraphs (2) and (3).

(2) In section 33 (exceptions to automatic deportation) M42, omit subsection (4).

(3) In section 56A (no rehabilitation for certain immigration or nationality purposes) M43, omit subsection (3).

(4) The amendment made by paragraph (3) does not apply in relation to a relevant immigration decision or a relevant nationality decision made before commencement day.

(5) In paragraph (4) “relevant immigration decision” and “relevant nationality decision” have the meaning given in section 56A of the UK Borders Act 2007 as it had effect immediately before commencement day.

Amendment of the Criminal Justice and Immigration Act 2008U.K.

18.—(1) The Criminal Justice and Immigration Act 2008 M44 is amended as follows.

(2) In section 130 (designation for purposes of special immigration status) M45, in subsection (5), omit paragraph (b) (and the “or” before it).

(3) In section 136 (end of designation) M46—

(a)in subsection (1), omit paragraph (b);

(b)in subsection (3), omit “or (b)”.

Amendment of the Identity Documents Act 2010U.K.

19.—(1) The Identity Documents Act 2010 M47 is amended as follows.

(2) In section 7 (meaning of “identity document”)—

(a)in subsection (2), for paragraph (a) substitute—

“(a)a document used for confirming—

(i)the right of a person at a time before IP completion day under the EU Treaties in respect of entry or residence in the United Kingdom, or

(ii)the right of a person under the Immigration (European Economic Area) Regulations 2016 (as they continue to have effect by virtue of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020) in respect of entry or residence in the United Kingdom,”;

(b)after subsection (2)(a) insert—

“(2A) In subsection 2(a)(i) “EU Treaties” includes a reference to those Treaties so far as applicable to and in the United Kingdom by virtue of Part 4 of the EU withdrawal agreement.”.

Amendment and saving of the Immigration Act 2014U.K.

20.—(1) The Immigration Act 2014 M48 is amended in accordance with paragraphs (2) to (7).

(2) In section 21 (persons disqualified from renting or with limited right to rent)—

(a)omit subsection (4)(b)(ii) (and the “and” before that);

(b)in subsection (5)—

(i)after paragraph (a) insert—

“(aa)an Irish citizen, or

(ab)a person who is not an Irish citizen and who 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.”;

(ii)omit paragraphs (b) and (c).

(3) In section 27 (eligibility period in relation to person with limited right to rent) M49, omit subsection 6(a) (and the “or” at the end of it).

(4) In section 39 (related provision: charges for health services)—

(a)in subsection (1)(b), after “limited period” insert “ unless that leave was granted by virtue of residence scheme immigration rules ”;

(b)after subsection (2) insert—

“(3) For the purposes of subsection (1) “residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020.”.

(5) In section 49 (meaning of “exempt person” in relation to investigations into sham marriages) M50, omit subsection (2)(a).

(6) In section 62 (interpretation of Part 4, relating to marriage and civil partnership) M51, in subsection (1), in the definition of “relevant national”—

(a)after paragraph (a) insert—

“(aa)an Irish citizen;

(ab)a person who is not an Irish citizen 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

(ii)is an applicant for the purposes of regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired;”;

(b)omit paragraphs (b) and (c).

(7) In section 70A (power to impose a charge on sponsors who make immigration skills arrangements) M52—

(a)in subsection (6)—

(i)after paragraph (a) insert—

“(aa)an Irish citizen;”;

(ii)for paragraph (b) substitute—

“(b)a person who has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules.”;

(iii)omit paragraphs (c) and (d);

(b)in subsection (7) after “1971” insert “ and “residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020. ”.

(8) The amendments made by paragraph (7) do not affect the operation of any regulations which were made under section 70A of the Immigration Act 2014 before 1st December 2020.

Amendment of the Housing (Wales) Act 2014U.K.

21.—(1) The Housing (Wales) Act 2014 M53 is amended as follows.

(2) In Schedule 2 (eligibility for help under Chapter 2 of Part 2)—

(a)in the English language text, for paragraph 1(6)(b) substitute—

“(b)is not a person who, immediately before IP completion day, was—

(i)a national of an EEA State or Switzerland, and

(ii)within a class prescribed by regulations made under sub-paragraph (2) which had effect at that time.”;

(b)in the Welsh language text, for paragraph 1(6)(b) substitute—

“(b)os nad yw'r person yn berson a oedd, yn union cyn diwrnod cwblhau'r cyfned gweithredu—

(i)yn wladolyn un o wladwriaethau'r Ardal Economaidd Ewropeaidd neu'r Swistir, a

(ii)o fewn dosbarth a ragnodwyd gan reoliadau a wnaed o dan is-baragraff (2) a oedd yn effeithiol y pryd hwnnw.”.

Amendment of the Specialist Printing Equipment and Materials (Offences) Act 2015U.K.

22.—(1) The Specialist Printing Equipment and Materials (Offences) Act 2015 M54 is amended as follows.

(2) In section 2 (meaning of “specialist printing equipment”)—

(a)in subsection (3), for paragraph (a) substitute—

“(a)a document used for confirming—

(i)the right of a person at a time before IP completion day under the EU Treaties in respect of entry or residence in the United Kingdom; or

(ii)the right of a person under the Immigration (European Economic Area) Regulations 2016 (as they continue to have effect by virtue of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020) in respect of entry or residence in the United Kingdom;”;

(b)after subsection (3)(a) insert—

“(3A) In subsection 3(a)(i) “EU Treaties” includes a reference to those Treaties so far as applicable to and in the United Kingdom by virtue of Part 4 of the EU withdrawal agreement.”.

Amendment of the Immigration Act 2016U.K.

23.—(1) The Immigration Act 2016 M55 is amended as follows.

(2) In Schedule 12 (availability of local authority support: amendments of Schedule 3 to the Nationality, Immigration and Asylum Act 2002), in paragraph 9, omit inserted paragraph 7C and the italic heading before inserted paragraph 7C.

Provision consequential on, or connected with Part 2 of Chapter 1U.K.

24.  Schedule 1 has effect.