EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations save and modify the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (“EEA Regulations 2016”). They ensure that decisions to deport certain EEA nationals and their family members who are protected by the EU Withdrawal Agreement, the EEA EFTA Separation Agreement or the Swiss Citizens’ Rights Agreement (the “Agreements”) (see section 39 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) for the definitions of these Agreements) or by the United Kingdom’s domestic implementation of these Agreements can be made in accordance with Chapter VI of Directive 2004/38/EC, where that deportation is made on the basis of conduct committed before the end of the transition period provided for by the Agreements. Directive 2004/38/EC was implemented in the United Kingdom by the EEA Regulations 2016.
Regulation 2 saves certain provisions within the EEA Regulations 2016, with the modifications specified in the Schedule insofar as they apply to certain persons who are protected by the Agreements and certain persons who are not protected by the Agreements but who have entry clearance or leave to enter or remain in the United Kingdom by virtue of the United Kingdom’s domestic implementation of the Agreements. The Schedule then identifies the provisions of the EEA Regulations 2016 that are saved and the modifications that apply. The savings ensure that the protections in the EEA Regulations 2016 relating to deportation that apply to EEA nationals and their family members continue, where appropriate, to apply.
An impact assessment has not been produced for these Regulations as no impact on business, charities, voluntary bodies or the public sector is foreseen.