EU Settlement Scheme Appeals System Establishment

Policy effect

Conferred rights of appeal against decisions under Appendix EU, EU family permits, and travel permit refusals/cancellations to the First-tier Tribunal (Immigration and Asylum Chamber).

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

2020 (S.I. 2020/1213), regs. 1(2)(3), 24(2)(b) Commencement Information I2Reg. 2 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5) Marginal Citations M21971 c. 77. M31997 c. 68. M42002 c. 41. M5See section 17(2) of the European Union (Withdrawal Agreement) Act 2020 (“the EUWAA”) for the meaning of “relevant entry clearance immigration rules”; and see section 17(5) of the EUWAA for the meanings of “entry clearance” and “immigration rules”. PART 2U.K.Appeals in respect of citizens' rights immigration decisions CHAPTER 1U.K.Appeals: general[F8Decisions other than those relating to frontier workers] U.K. Textual Amendments F8Pt. 2 Ch. 1 cross-heading inserted (4.11.2020 for specified purposes, 31.12.2020 in so far as not already in force) by The Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 24(3)Right of appeal against decisions relating to leave to enter or remain in the United Kingdom made by virtue of residence scheme immigration rulesU.K. 3.—(1) A person (“P”) may appeal against a decision made on or after exit day— (a)to vary P's leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules M6, so that P does not have leave to enter or remain in the United Kingdom, (b)to cancel P's leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules, (c)not to grant any leave to enter or remain in the United Kingdom in response to P's relevant application, or (d)not to grant indefinite leave to enter or remain in the United Kingdom in response to P's relevant application (where limited leave to enter or remain is granted, or P had limited leave to enter or remain when P made the relevant application). [F9(2) In this regulation … EUWAA for the meaning of “residence scheme immigration rules”.Right of appeal against decisions under section 76 of the 2002 Act to revoke indefinite leave to enter or remain by virtue of residence scheme immigration rulesU.K. 4. A person may appeal against a decision made on or after exit day under section 76(1) or (2) of the 2002 Act M7 to revoke their indefinite leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules. Commencement Information I4Reg. 4 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5) Marginal … Citations M7Section 76(2) was amended by paragraph 3(3)(a) of Schedule 9 to the Immigration Act 2014 (c. 22).Right of appeal against decisions made in connection with scheme entry clearanceU.K. 5. A person may appeal against a decision made on or after exit day— (a)where the person applies for scheme entry clearance on or after exit day, to refuse their application, (b)to cancel or revoke their scheme entry clearance, (c)where they have scheme entry clearance, to refuse them leave to enter the United Kingdom under article 7(1) of the Immigration (Leave to Enter and Remain) Order 2000 M8, or (d … Commencement Information I7Reg. 7 in force at 31.1.2020 on exit day, see reg. 1(2) and 2018 c. 16, s. 20(1)-(5)Grounds of appealU.K. 8.—(1) An appeal under these Regulations must be brought on one or both of the following two grounds. (2) The first ground of appeal is that the decision breaches any right which the appellant has by virtue of— (a)Chapter 1, or Article 24(2) [F16, 24(3), 25(2) or 25(3)] of Chapter 2, of Title II [F17, or Article 32(1)(b) of Title III,] of Part 2 of the withdrawal agreement, (b)Chapter 1, or Article 23(2) [F18, 23(3), 24(2) or 24(3)] of Chapter 2, of Title II [F19, or Article … Withdrawal Agreement) Act 2020 (c. 1) (“the 2020 Act”). It is the first instrument to be made under section 11 of that Act. These Regulations make provision for appeals in connection with various immigration decisions which relate to, or are connected to, leave to enter or remain in the United Kingdom granted under residence scheme immigration rules or relevant entry clearance immigration rules. “Residence scheme immigration rules” and “relevant entry clearance immigration rules” are defined in section 17 of the 2020 Act. Part 1 of these Regulations contains general provisions. Part 2 of these …

Review method

Two separate automated exact-claim source reviews

Other United Kingdom changes operative in 2020

• 2020-02-20Global Talent Visa Application Fees & Fast-Track Endorsement Fees
• 2020-02-20Launch of the Global Talent Visa Route (Statement of Changes HC 56)
• 2020-04-05Transition of Priority Change of Circumstances Service to Email-Only
• 2020-04-29Automatic Visa Extensions for Frontline Healthcare Workers
• 2020-06-04Stricter Rules for Representative of an Overseas Business Route (Statement of Changes CP 232)
• 2020-06-22Youth Mobility Scheme 2020 Deadline Extension for Taiwan
• 2020-08-01Implementation of Coronavirus Grace Period
• 2020-09-01Implementation of Exceptional Assurance Concession for Overstaying
• 2020-10-05Introduction of New Points-Based Student and Child Student Routes
• 2020-11-12COVID-19 Financial Requirement Concessions for Family Visas
• 2020-12-01Statement of Changes to the Immigration Rules: HC 813 (Introduction of the Skilled Worker Route and Global Points-Based Framework)
• 2020-12-31End of EU Free Movement and Repeal of Free Movement Law
• 2020-12-31Introduction of Post-Brexit Third-Country Asylum Inadmissibility Rules (HC 1043)
• 2020-12-31Post-Transition Visitor and Trade-Related Service Provider Rules
• 2020-12-31Saving of EU Public Policy Deportation Grounds for Pre-Transition Conduct