The Act received its royal assent on 11th November 2020. Its primary aim is to end the free movement of EU nationals in the UK at the end of the transition period. The Act also recognises the immigration status of Irish citizens in the UK.
Provisions of the Act
- Revoke the free movement of EU nationals and their families in the UK and bringing them within the remit of UK immigration laws. It is expected to be in force by 1st January 2021
- Clarify and protect the status of Irish citizens in the UK. This will enable them to remain and move freely within the UK without the need for leave to remain. However, if there a Deportation Order, Exclusion Order, or an International Ban, then the restrictions will apply.
- The Act also makes changes to the reciprocal social security arrangements between the UK and EU countries. The intention is to introduce a means-tested benefit system for EEA and Swiss citizens in line with those for non-EU nationals. One impact will be the cessation of child benefit being exported from the UK.
- Home Office empowered to review/arrange to be reviewed, the process by which members of the EU states are permitted to stay in the UK.
The immigration changes are likely to take effect from 1st January 2021, but other provisions will have separate commencements dates, details of which have not been announced.
Citizens Rights
The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 was introduced to allow people who are eligible to apply under the EU Settlement Scheme, to maintain their lawful status, allow them to move freely within the UK and to travel freely in/out of the UK between 1st January 2021 and 30th June 2021.
