The British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 5(1) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), in order to make provision in consequence of or in connection with Part 1 of that Act, which (amongst other things) makes provision to end rights to free movement under retained EU law.

The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209) (“the 2020 Regulations”) specify 30th June 2021 as the deadline by which applications must be made for residence status in accordance with the Withdrawal Agreement between the United Kingdom and the EU, the EEA EFTA separation agreement and the Swiss citizens’ rights agreement. Such applications are made in the United Kingdom under Appendix EU to the UK immigration rules. They are made in the Isle of Man under Appendix EU to the Isle of Man immigration rules.

Pursuant to the 2020 Regulations, provisions of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) continue to apply during the grace period to persons who have not acquired residence status. The grace period is the period beginning immediately after the end of the implementation period (31st December 2020 at 11.00 pm) and ending with the application deadline (30th June 2021). The 2020 Regulations apply with modifications to the Isle of Man.

Regulation 2 of these Regulations amends the British Nationality Act 1981 (c. 61) to provide that children born on or after 1st July 2021 to a parent who subsequently acquires indefinite leave to enter or remain in the United Kingdom or the Isle of Man under Appendix EU to the UK or Isle of Man immigration rules automatically acquire British citizenship from the date of grant of such leave if the parent meets certain other conditions.

An impact assessment has not been produced for this instrument because no impact, or no significant impact, on the private, voluntary or public sector is foreseen.