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

• Citation: S.I. 2019/686
• Sections: 10

Section 1 Citation and commencement

(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.

Section 2 Interpretation

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Section 3 Grant of leave to EEA and Swiss nationals

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Section 4 Persons who may not obtain leave under article 3

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Section 5 Nature of leave granted by virtue of article 3

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Section 6 Duration and condition of leave

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Section 7 Grant of leave by virtue of Appendix EU to the immigration rules

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 .

Section 8 Amendments to the Immigration (Leave to Enter and Remain) Order 2000

(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.

Section 9 Amendments to the Immigration (Provision of Physical Data) Regulations 2006

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.

Section 10 Amendments to the Immigration (Health Charge) Order 2015

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.