The Immigration (Guernsey) Order 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends the following provisions to the Bailiwick of Guernsey with modifications –

(a) sections 144, 144A, 145 and 146 of the Immigration and Asylum Act 1999,

(b) sections 126, 127 and 164 of the Nationality, Immigration and Asylum Act 2002,

(c) sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 61(1) of the UK Borders Act 2007,

(d) sections 9, 12(4), 13 and 77 of, and paragraph 1 of Schedule 2 to, the Immigration Act 2014, and

(e) sections 1, 2, 4, 5, 7 and 10 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (“the 2020 Act”).

The provisions of the 2020 Act, as extended and modified –

(a) repeal provisions relating to free movement of EEA citizens and their family members and bring them under Bailiwick immigration control,

(b) protect the status of Irish citizens in Bailiwick immigration law once their EU free movement rights are ended in the United Kingdom, and

(c) empower the States of Guernsey Committee for Home Affairs to make regulations to amend legislation in consequence of, or in connection with, the ending of free movement.

The provisions of the other Acts, as extended and modified, empower the States of Guernsey Committee for Home Affairs to make regulations to –

(a) require or permit biometric information to be collected or provided,

(b) provide for biometric immigration documents to be issued and used for immigration and nationality purposes, and

(c) provide for the implementation of a system of biometric registration.

These provisions also provide for safeguards in connection with the collection, use and retention of biometric information.