The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020

Provisions relating to definitions etc.

5.  The following provisions of Part 1 of the EEA Regulations 2016 (provisions relating to definitions etc.) with the modifications set out below are specified for the purposes of regulations 3 and 4—

(a) regulation 2 (general interpretation) with the modifications that—

(i) all instances of the words “or any other right conferred by the EU Treaties”—

(aa) in so far as they relate to things done on or after exit day but before IP completion day, were a reference to a right conferred by the EU Treaties so far as they were applicable to and in the United Kingdom by virtue of Part 4 of the EU withdrawal agreement(1);

(bb) in so far as they relate to things done on or after IP completion day, were omitted;

(ii) all instances of the words “or the EU Treaties”—

(aa) in so far as they relate to things done after exit day but before IP completion day, were a reference to the EU Treaties so far as they were applicable to and in the United Kingdom by virtue of Part 4 of the EU withdrawal agreement;

(bb) in so far as they relate to things done on or after IP completion day, were omitted;

(iii) in paragraph (b) of the definition of “EEA decision”, “, a registration certificate, residence card, derivative residence card, document certifying permanent residence or permanent residence card” were omitted;

(iv) in the definition of “EEA State”, so far as relevant to things done after exit day, “, other than the United Kingdom” were omitted;

(b) regulation 3 (continuity of residence);

(c) regulation 4 (“worker”, “self-employed person”, “self-sufficient person” and “student”) with the modification that, in paragraph (1)(b), for “in accordance with” there were substituted “within the meaning of”;

(d) regulation 5 (“worker or self-employed person who has ceased activity”);

(e) regulation 6 (“qualified person”) with the modifications that—

(i) in paragraph (4C), “and having a genuine chance of being engaged” were omitted;

(ii) in paragraph (6), after “employment and” there were inserted “, when determining whether the person is a jobseeker,”;

(iii) in paragraph (7), after “continuing to seek employment and” there were inserted “, where that person is a jobseeker,”;

(f) regulation 7 (“family member”);

(g) regulation 8 (“extended family member”) with the modification that paragraph (8)(c) were omitted;

(h) regulation 9 (family members and extended family members of British citizens) with the modifications that—

(i) in paragraph (1), at the end there were inserted “and BC is to be treated as satisfying any requirement to be a qualified person”;

(ii) sub-paragraph (a) of paragraph (3) were omitted;

(iii) paragraph (7) were omitted;

(i) regulation 9A (dual national: national of an EEA State who acquires British citizenship);

(j) regulation 10 (“family member who has retained the right of residence”) with the modification that, in paragraph (5)(a), “the initiation of proceedings for” were omitted.

(1)

Part 4 of the withdrawal agreement provides for a transition period.