European Union (Withdrawal Agreement) Act 2020

7 Rights related to residence: application deadline and temporary protection

(1) A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for any of the following purposes—

(a) specifying the deadline that applies for the purposes of—

(i) the first sub-paragraph of Article 18(1)(b) of the withdrawal agreement (deadline for the submission of applications for the new residence status described in Article 18(1));

(ii) the first sub-paragraph of Article 17(1)(b) of the EEA EFTA separation agreement (deadline for the submission of applications for the new residence status described in Article 17(1));

(iii) the first sentence of Article 16(1)(b) of the Swiss citizens’ rights agreement (deadline for the submission of applications for the new residence status described in Article 16(1));

(b) implementing Article 18(2) of the withdrawal agreement (protection for Union citizens etc. in the period prior to the deadline for the submission of applications for the new residence status described in Article 18(1));

(c) implementing Article 17(2) of the EEA EFTA separation agreement (protection for EEA EFTA nationals etc. in the period prior to the deadline for the submission of applications for the new residence status described in Article 17(1));

(d) implementing Article 16(2) of the Swiss citizens’ rights agreement (protection for Swiss nationals etc. in the period prior to the deadline for the submission of applications for the new residence status described in Article 16(1));

(e) implementing Article 18(3) of the withdrawal agreement (protection for Union citizens etc. pending a final decision on an application for the new residence status described in Article 18(1));

(f) implementing Article 17(3) of the EEA EFTA separation agreement (protection for EEA EFTA nationals etc. pending a final decision on an application for the new residence status described in Article 17(1));

(g) implementing Article 16(3) of the Swiss citizens’ rights agreement (protection for Swiss nationals etc. pending a final decision on an application for the new residence status described in Article 16(1)).

(2) If the Minister considers it appropriate, regulations under subsection (1) relating to the implementation of a provision mentioned in subsection (1)(b), (c) or (d) may be made so as to apply both to—

(a) persons to whom the provision in question applies, and

(b) persons to whom that provision does not apply but who may be granted leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules (see section 17) and who do not have such leave.

(3) If the Minister considers it appropriate, regulations under subsection (1) relating to the implementation of a provision mentioned in subsection (1)(e), (f) or (g) may be made so as to apply both to—

(a) persons to whom the provision in question applies, and

(b) persons to whom that provision does not apply but who make an application for leave to enter or remain in the United Kingdom by virtue of residence scheme immigration rules.

(4) The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment.