The Immigration (Amendment) (EU Exit) Regulations 2019

Amendment of the Immigration, Nationality and Asylum (EU Exit) Regulations 2019

3.—(1) The Immigration, Nationality and Asylum (EU Exit) Regulations 2019(1) are amended as follows.

(2) In regulation 43 (amendment of the Immigration (European Economic Area) Regulations 2016)—

(a) omit paragraph (9);

(b) for paragraph (14) substitute—

“(14) In Schedule 7 (consequential modifications), in the table at the end of paragraph 1, in the second column (corresponding provision in the 2016 Regulations), for “24(7)” substitute “24(1) to (6)”.”.

(3) In regulation 49 (disapplication of rights etc)—

(a) for paragraph (2) substitute—

“(2) A decision is relevant for the purposes of paragraph (1) if —

(a) it restricts or removes the ability of a person to enter or remain in the United Kingdom; and

(b) it satisfies the condition in paragraph (2A) or (2B).

(2A) The condition in this paragraph is that the decision is made in respect of a person who did not have entry clearance, limited leave to enter or limited leave to remain in the United Kingdom by virtue of the EC Association Agreement with Turkey immediately before the time that this regulation comes into force.

(2B) The condition in this paragraph is that the decision is made in respect of a person who had entry clearance, limited leave to enter or limited leave to remain in the United Kingdom by virtue of the EC Association Agreement with Turkey immediately before the time that this regulation comes into force and—

(a) is taken as a result of post-commencement conduct; or

(b) if the person has been convicted of an offence that did not consist of or include pre-commencement conduct and has been sentenced to a period of

imprisonment.”;

(b) in paragraph (3) for “the Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963” substitute “the EC Association Agreement with Turkey”;

(c) after paragraph (3) insert—

“(4) In this regulation—

“period of imprisonment” does not include a reference to a suspended sentence (unless a court subsequently orders that the sentence or any part of it (of whatever length) is to take effect);

“pre-commencement conduct” means conduct that took place at or before the time that this regulation comes into force;

“post-commencement conduct” means conduct that takes place after the time that this regulation comes into force;

“the EC Association Agreement with Turkey” means the Agreement establishing an Association between the European Economic Community and Turkey, signed at Ankara on 12 September 1963.”.

(1)

S.I. 2019/745.