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Statutory Instruments

2019 No. 686

Exiting The European Union

Immigration

The Immigration (European Economic Area Nationals) (EU Exit) Order 2019

Made

26th March 2019

Coming into force in accordance with article 1(2) and (3)

The Secretary of State, in exercise of the powers conferred by sections 3A(1), (2), (7) and (10) and 3B(1), (2) and (3) of the Immigration Act 1971 , sections 11(1)(a) and (e) and 34(4) of the Channel Tunnel Act 1987 , sections 126(1) and 141(1), (2) and (4)(b) of the Nationality, Immigration and Asylum Act 2002 and section 38(1) and (3)(e) of the Immigration Act 2014 makes the following Order.

In accordance with sections 3A(13) and 3B(6) of the Immigration Act 1971, section 34(3) of the Channel Tunnel Act 1987, sections 126(8)(b) and 141(5) of the Nationality, Immigration and Asylum Act 2002 and section 74(2)(b) of the Immigration Act 2014, a draft of this Order was laid before and approved by a resolution of each House of Parliament.

In accordance with section 141(5)(b) of the Nationality, Immigration and Asylum Act 2002, the Secretary of State has considered whether there is anyone with whom it would be appropriate to consult and has concluded that there is not.

PART 1 Introduction

Citation and commencement

1. —(1) This Order may be cited as the Immigration (European Economic Area Nationals) (EU Exit) Order 2019.

(2)Chapter 1 of Part 2 of this Order comes into force when the Immigration (European Economic Area) Regulations 2016 are revoked.

(3) The remaining provisions of this Order come into force on the later of 30th March 2019 or the day after the day on which they are made.

PART 2 Leave to enter or remain

Chapter 1 Grant of leave to EEA and Swiss nationals

Interpretation

2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Grant of leave to EEA and Swiss nationals

3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons who may not obtain leave under article 3

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nature of leave granted by virtue of article 3

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duration and condition of leave

6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 2 Appendix EU to the immigration rules

Grant of leave by virtue of Appendix EU to the immigration rules

7. The Secretary of State may give or refuse leave to enter the United Kingdom to any person who seeks leave to enter the United Kingdom by virtue of Appendix EU to the immigration rules .

Amendments to the Immigration (Leave to Enter and Remain) Order 2000

8. —(1)The Immigration (Leave to Enter and Remain) Order 2000 is amended as follows.

(2) In article 1(3) (interpretation) at the appropriate places insert the following definitions—

“ “ Crown service ” means service of the Crown, whether within Her Majesty's dominions or elsewhere, under Her Majesty's government in the United Kingdom or in a Northern Ireland department or under the Scottish Administration or under the Welsh Government; ” ;

“ “ Her Majesty's Forces ” has the same meaning as in the Armed Forces Act 2006 ; ” .

(3) In article 13(4) (lapsing of leave)—

(a) before sub-paragraph (a), insert—

“ (za) where the holder has unlimited leave granted by virtue of Appendix EU to the immigration rules (including unlimited leave granted by virtue of Appendix EU before this paragraph comes into force), subject to article 13C, the unlimited leave lapses if the holder stays outside the United Kingdom and Islands for a continuous period of more than—

(i) four years, in the case of unlimited leave granted by virtue of Appendix EU to the immigration rules as a Swiss national or a family member of a Swiss national;

(ii) five years, in all other cases; ” ;

(b) in sub-paragraph (a), for “subject to articles 13A and 13B”, substitute “ in any other case and subject to articles 13A, 13B and 13C ” ;

(c) in both places, after “United Kingdom” insert “ and Islands ” .

(4) In article 13A (partners and children of members of HM Forces)—

(a) in paragraph (1), after “United Kingdom” insert “ and Islands ” ;

(b) omit paragraph (4).

(5) In article 13B (partners and children of certain Crown servants etc)—

(a) in the heading, omit “certain”;

(b) in paragraph (1)(b), after “indefinite leave” insert “ , other than unlimited leave granted by virtue of Appendix EU to the immigration rules ” ;

(c) in paragraph (2)(a), after “United Kingdom” insert “ and Islands ” ;

(d) in paragraph (3), for sub-paragraph (b) substitute—

“ (b) employment on Crown service. ” .

(6) After article 13B, insert—

“ Crown servants etc with leave granted by virtue of Appendix EU to the immigration rules

13C. —(1) Any period of time spent outside the United Kingdom and Islands by a person to whom this article applies does not count towards the period mentioned in article 13(4)(za) or 13(4)(a).

(2) This article applies to a person who has leave granted by virtue of Appendix EU to the immigration rules and who is—

(a) a member of Her Majesty's Forces posted outside the United Kingdom and Islands;

(b) a national of a member State, Iceland, Liechtenstein, Norway or Switzerland posted outside the United Kingdom and Islands in employment—

(i) on Crown service, or

(ii) in the British Council as a permanent member of that Council;

(c) accompanying a person who is posted outside the United Kingdom and Islands—

(i) in employment on Crown service,

(ii) in employment in the British Council as a permanent member of that Council, or

(iii) as a member of Her Majesty's Forces. ” .

PART 3 Biometrics

Amendments to the Immigration (Provision of Physical Data) Regulations 2006

9. In regulation 2 of the Immigration (Provision of Physical Data) Regulations 2006 (interpretation) , in the definition of “application”, for paragraph (e) substitute—

“ (e) an application for leave to enter or remain in the United Kingdom made under Appendix EU to the immigration rules. ” .

PART 4 Immigration Health Charge

Amendments to the Immigration (Health Charge) Order 2015

10. In Schedule 2 (exemptions) to the Immigration (Health Charge) Order 2015, in paragraph 1, after sub-paragraph (l) insert—

“ (m) for entry clearance under any immigration rules which are identified in the immigration rules as having effect in connection with the granting of entry clearance for the purposes of acquiring leave to enter or remain in the United Kingdom by virtue of Appendix EU to the immigration rules;

(n) for leave to remain by virtue of Appendix EU to the immigration rules. ” .

Caroline Nokes

Minister of State

Home Office

Status: There are currently no known outstanding effects for the The Immigration (European Economic Area Nationals) (EU Exit) Order 2019.
The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 (2019/686)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Pt. 2 Ch. 1 omitted (31.12.2020 immediately before IP completion day) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309) , regs. 1(2)(a) , 47(2)omitted
I1Art. 1 in force at 30.3.2019, see art. 1(3)
I2Art. 7 in force at 30.3.2019, see art. 1(3)
I3Art. 8 in force at 30.3.2019, see art. 1(3)
I4Art. 9 in force at 30.3.2019, see art. 1(3)
I5Art. 10 in force at 30.3.2019, see art. 1(3)
M11971 c. 77 . Sections 3A and 3B were inserted by sections 1 and 2 of the Immigration and Asylum Act 1999 (c. 33) respectively.
M21987 c. 53 . Section 13 provides that the power in section 11 may be exercised by the Minister in charge of the Government department concerned with the matter in respect of which provision is being made.
M32002 c. 41 . Section 126 was amended by sections 8 and 14(3) of, paragraph 3 of Schedule 2 to and paragraph 19 of Schedule 9 to the Immigration Act 2014 (c. 22) . Subsections (3) to (7) and (8A) of section 126 make further provision about the powers in subsection (1). See subsection (2) for the definition of “immigration application” and subsection (9) for the definitions of “authorised person”, “biometric information” and “document”.
M42014 c. 22 .
M5S.I. 2016/1052 .
M6Appendix EU was laid before Parliament on 20 th July 2018 (CM 9675).
M7S.I. 2000/1161 , as amended by S.I. 1993/1813 , 2003/2818, 2004/475, 2005/1159, 2010/957, 2013/1749, 2015/434, and 2016/1132.
M82006 c. 52 .
M9S.I. 2006/1743 ; amended by S.I. 2011/1779 , 2015/737 and 2018/928.
M10S.I. 2015/792 ; amended by S.I. 2016/400 , 2017/420 and 2018/1389.
Defined TermSection/ArticleIDScope of Application
Changes that affect Made by
Sort descending by Changed Legislation Sort descending by Year and Number Changed Provision Type of effect Sort descending by Affecting Legislation Title Sort descending by Year and Number Affecting Provision Sort descending by Changes made to website text Note
The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 1 coming into force The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 1(3) Yes
The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 2 coming into force The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 1(2) Yes
The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 3 coming into force The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 1(2) Yes
The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 4 coming into force The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 1(2) Yes
The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 5 coming into force The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 1(2) Yes
The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 6 coming into force The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 1(2) Yes
The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 7 coming into force The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 1(3) Yes
The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 8 coming into force The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 1(3) Yes
The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 9 coming into force The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 1(3) Yes
The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 10 coming into force The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 2019 No. 686 art. 1(3) Yes

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.