Explanatory note

These Regulations amend the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (“the 2020 Regulations”).

Regulation 3 extends the right of appeal in regulation 3 of the 2020 Regulations to applications made before exit day if a decision is made on the application after these Regulations come into force.

Regulation 4 adds a new regulation 13A to the 2020 Regulations. This regulation applies to decisions to curtail or revoke leave under residence scheme immigration rules where the person has entered and is in the United Kingdom at the date of the decision and their removal has not been certified. In such circumstances, the regulation extends the person’s leave whilst an appeal could be brought or is pending.

Regulation 5 removes regulation 15(2) from the 2020 Regulations.

Regulation 6 adds a new certification power to the 2020 Regulations. The power allows for certification of removal in cases of abuse of rights or fraud.

Regulation 7 makes consequential amendments to the schedules to the 2020 Regulations.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.