Regulation 25 Amendments to the 2009 Regulations

In regulation 2(1) (interpretation)—

(a)

omit the definition of “grace period”;

(b)

re-position the definition of “person with protected rights” in the appropriate place after the definition of “person with leave to enter or remain on the grounds of discretionary leave”;

(c)

in the newly positioned definition of “person with protected rights”^f1—

(i)

re-number the existing text after “means—” as paragraph (1) of the definition;

(ii)

in that paragraph as so numbered, omit sub-paragraph (a)(iii);

(iii)

after sub-paragraph (a)(iv), insert—

“(v)
otherwise has rights deemed to apply by virtue of any citizens’ rights deeming provisions; or”;

(iv)

after that paragraph as so numbered, insert—

“(2)
In paragraph (1)(a)(v), “citizens’ rights deeming provisions” means—

(a)
Article 18(2) and (3) (issuance of residence documents) of the EU withdrawal agreement;

(b)
Article 17(2) and (3) (issuance of residence documents) of the EEA EFTA separation agreement (as defined in section 39(1) of the European Union (Withdrawal Agreement) Act 2020^f2); or

(c)
Article 16(2) and (3) (issuance of residence documents) of the Swiss citizens’ rights agreement.”.

Annotations

Footnotes

f1: Definition inserted by S.R. 2021 No. 85.
f2: 2020 c. 1.