Regulation 3 Right of appeal against decisions relating to leave to enter or remain in the United Kingdom made by virtue of residence scheme immigration rulesI1

United Kingdom

(1)

A person (“P”) may appeal against a decision made on or after exit day—

(a)

to vary P's leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules M1, so that P does not have leave to enter or remain in the United Kingdom,

(b)

to cancel P's leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,

(c)

not to grant any leave to enter or remain in the United Kingdom in response to P's relevant application, or

(d)

not to grant indefinite leave to enter or remain in the United Kingdom in response to P's relevant application (where limited leave to enter or remain is granted, or P had limited leave to enter or remain when P made the relevant application).

F1(2)

In this regulation, “relevant application” means an application for leave to enter or remain in the United Kingdom made under residence scheme immigration rules—

(a)

on or after exit day, or

(b)

before exit day if a decision is made on that application on or after 8th May 2023.

Annotations

Textual amendments

F1: Reg. 3(2) substituted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 3

Marginal citations

M1: See section 17(1) of the EUWAA for the meaning of “residence scheme immigration rules”.

Commencement

I1: Reg. 3 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)

Notes on Decisions other than those relating to frontier workers

Textual amendments

F1: Pt. 2 Ch. 1 cross-heading inserted (4.11.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 24(3)