The Immigration (European Economic Area Nationals) (EU Exit) Order 2019

Explanatory Note

(This note is not part of the Order)

This Order makes provision in connection with nationals of the European Economic Area and Swiss nationals, together with their family members, following the withdrawal of the United Kingdom from the European Union.

Chapter 1 of Part 2 enables an EEA national or national of Switzerland who meets the conditions set out in article 3 to obtain leave to enter the United Kingdom. These conditions enable an individual who has appropriate documentation and is not excluded under article 4 to obtain leave by going through an eGate, passing through a manned control point, contacting an immigration officer (where for example they arrived by a general aviation or general maritime route) or arriving on a local journey from Ireland. Where the conditions in article 3 are met such a person will automatically be given leave to enter for three months. Where such leave is given, no notice of leave is given to the person. A person given leave under article 3 may be examined by an immigration officer in the usual way to see whether there are grounds for cancelling leave.

Article 7 provides that the Secretary of State may grant or refuse leave to enter to a person outside the United Kingdom who seeks leave to enter the United Kingdom by virtue of Appendix EU to the immigration rules.

Article 8 amends the Immigration (Leave to Enter and Remain) Order 2000 (S.I. 2000/1161) (the “2000 Order”) to provide that where a person granted indefinite leave to enter or remain under Appendix EU to the immigration rules leaves the United Kingdom, their leave does not lapse by a continuous period of absence from the United Kingdom of up to five years (four years in the case of a person granted leave as a Swiss national or their family member). Article 8 amends the 2000 Order to clarify that it is only absences from the United Kingdom, the Bailiwick of Jersey, the Bailiwick of Guernsey and the Isle of Man that cause indefinite or limited leave to enter or remain to lapse (in certain circumstances). Article 8 also amends the circumstances under the 2000 Order in which indefinite or limited leave to enter or remain does not lapse where the person is on Crown service overseas or is a member of HM Forces serving overseas, or is accompanying such a person, in particular to include where this leave has been granted under Appendix EU to the immigration rules.

Article 9 amends the Immigration (Provision of Physical Data) Regulations 2006 (S.I. 2006/1743) to allow for the requiring of applicants for leave to enter the United Kingdom under Appendix EU to the immigration rules to provide a record of their fingerprints and a photograph of their face (referred to as “biometric information”).

Article 10 of this Order amends the Immigration (Health Charge) Order 2015 (S.I. 2015/792), which requires a person who applies for entry clearance for a limited period, or for limited leave to remain in the United Kingdom, to pay an immigration health charge. Schedule 2 to the 2015 Order exempts particular categories of application from the requirement to pay the charge. Article 10 of this Order amends Schedule 2 to the 2015 Order to exempt applications made for leave to enter or remain in the United Kingdom, or for entry clearance, by virtue of Appendix EU to the immigration rules.

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