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

Made: 17th November 2020

Laid before Parliament: 18th November 2020

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the power conferred by sections 5 and 8(5) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 .

PART 1 — INTRODUCTION

Citation, commencement and extent

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• (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.

• (2) These Regulations come into force at the time and on the date when paragraph 2(2) of, Schedule 1 to, the 2020 Act comes into force for all purposes except for —

• (a) regulations 47, 48 and 49 which come into force immediately before that time and date;

• (b) regulation 20(7) and (8) which come into force on 1st December 2020;

• (c) 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of these Regulations which amends, repeals or revokes an enactment has the same extent as the enactment amended, repealed or revoked (ignoring extent by virtue of an Order in Council under any of the Immigration Acts).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.

Interpretation - General

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In these Regulations—

• “the 2020 Act” means the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020;

• “commencement day” means the time at and date on which the Immigration (European Economic Area) Regulations 2016 are revoked for all purposes.

PART 2 — IMMIGRATION

Chapter 1 — Amendment and saving of primary legislation

Amendment of the Marriage Act 1949

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• (1) The Marriage Act 1949 is amended as follows.

• (2) In section 78 (interpretation), in subsection (1), 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 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).

Amendment of the Aliens' Employment Act 1955

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• (1) The Aliens' Employment Act 1955 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 . (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 ; - “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 .

Amendment and saving of the Immigration Act 1971

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• (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) , 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) —

• (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) is omitted.

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

• (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 —

(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 1977

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• (1) The Rent Act 1977 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 Marriage (Scotland) Act 1977

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• (1) The Marriage (Scotland) Act 1977 is amended as follows.

• (2) In section 3(1) (notice of intention to marry: documents etc to be produced), after paragraph (c) insert—

(ca) if the party falls within paragraph (ab)(i) of the definition of “relevant national” in section 26(2), an electronic certificate which confirms that the leave referred to in that provision has been granted; (cb) if the party falls within paragraph (ab)(ii) of the definition of “relevant national” in section 26(2)— (i) a certificate of application which confirms that the application referred to in regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 has been made; and (ii) evidence that the relevant period referred to in regulation 4 of those Regulations has not expired;

• (3) In section 26(2) (interpretation), 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 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).

Amendment of the Housing Act 1988

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• (1) The Housing Act 1988 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 1988

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• (1) The Housing (Northern Ireland) Order 1988 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 which had effect at that time.

Amendment of the Housing Act 1996

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• (1) The Housing Act 1996 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 1997

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• (1) The Special Immigration Appeals Commission Act 1997 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 1999

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• (1) The Immigration and Asylum Act 1999 is amended as follows.

• (2) In section 10 (removal of persons unlawfully in the United Kingdom) , 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) , 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) , 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) , in subsection (1), in the definition of “relevant matters” omit paragraphs (e), (f) and (g).

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

• (7) In section 119 (homelessness: Scotland and Northern Ireland) 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) , 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 2002

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• (1) The Nationality, Immigration and Asylum Act 2002 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) (and the “or” before it).

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

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

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

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