Explanatory note

These Regulations make provision for nationals of the European Economic Area who have a right of residence in the United Kingdom by virtue of Appendix EU to the immigration rules. The Regulations also make provision for the family members of such individuals.

Such individuals may, if they satisfy certain conditions, obtain leave to enter or remain in the United Kingdom by virtue of Appendix EU to the immigration rules, which have been made specifically in connection with the United Kingdom’s withdrawal from the European Union.

Regulation 2 amends article 3 of the Immigration (Control of Entry through Republic of Ireland) Order 1972 (S.I. 1972/1610) so that an individual who is excluded under international obligations is not entitled to enter the United Kingdom from Ireland without leave under common travel area legislation. Regulation 2 also amends article 4, which regulates the entry into the United Kingdom of certain categories of individuals arriving from Ireland, giving them permission by law to remain in the United Kingdom for a defined period (either 3 months or 7 days) but not to engage in occupation for reward or employment. The regulation inserts a new paragraph (2A) which adds a further category of individual to whom article 4 does not apply: a person who has, or may be granted, leave to enter or remain in the UK by virtue of Appendix EU to the immigration rules.

Regulation 3 amends the Immigration (Economic Area) Regulations 2016 (“the 2016 Regulations”) so as to give effect to the judgment of the Court of Justice of the European Union in the case of C-89/17 Banger. It gives effect to the judgment in two ways: firstly, by amending regulations 2 and 36 of the 2016 Regulations to introduce a right of appeal against a decision to refuse extended family members residence documentation under regulations 12(4), 17(5) or 18(4); and, secondly, by amending regulations 7 and 9 of the 2016 Regulations to give extended family members who meet certain conditions the right to enter and reside in the UK, when accompanying a returning British citizen who has exercised treaty rights in another Member State.

Regulation 3 also provides that leave to enter or remain in the United Kingdom granted by virtue of Appendix EU to the immigration rules is not to be treated as “leave” for the purposes of regulation 16 of the 2016 Regulations. The effect of this is that such leave does not affect any right to reside that the individual may have under that regulation (which implements European law in relation to rights of residence that derive from a connection with a national of the European Economic Area).

Regulation 4 makes transitional provision in respect of the changes made by regulation 3 which give effect to the judgment of the Court of Justice of the European Union in the case of C-89/17 Banger.

An impact assessment has not been produced for these Regulations as no significant impact on business, charities, voluntary bodies or the public sector is foreseen.