The Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 No. 61

PART 2 U.K. Appeals in respect of citizens' rights immigration decisions

CHAPTER 1 U.K. Appeals: general

[F1 Decisions relating to frontier workers U.K.

Textual Amendments

F1 Regs. 6A-6F and 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(5) (as amended (22.12.2020) by S.I. 2020/1372, regs. 1, 7(3))

Right of appeal against decisions relating to issue, renewal or revocation of frontier worker permits U.K.

6A.   A person may appeal against a decision—

(a) to refuse to issue a frontier worker permit to them,

(b) to refuse to renew their frontier worker permit, or

(c) to revoke their frontier worker permit.

Right of appeal against decisions to refuse frontier workers admission to the United Kingdom U.K.

6B.— (1) A person may appeal against a decision made under regulation 12 of the 2020 Regulations (a “refusal of admission decision”).

(2) But a person cannot bring an appeal under paragraph (1) without producing—

(a) a valid identity document, or

(b) where paragraph (3) applies, sufficient evidence to satisfy the Secretary of State that they are a frontier worker.

(3) This paragraph applies where—

(a) the refusal of admission decision was made before 1st July 2021, or

(b) the person bringing the appeal is an Irish citizen.

Right of appeal against decision to revoke admission to the United Kingdom U.K.

6C.— (1) A person who has been admitted to the United Kingdom under regulation 6 of the 2020 Regulations may appeal against a decision under regulation 14 of those Regulations to revoke that admission.

(2) But a person cannot bring an appeal under paragraph (1) without producing a valid identity document.

Right of appeal against certain decisions to remove frontier workers from the United Kingdom U.K.

6D.— (1) A frontier worker who has entered the United Kingdom may appeal against a decision to remove that person taken by virtue of regulation 15(1)(a) or (c) of the 2020 Regulations.

(2) But a person cannot bring an appeal under paragraph (1) without producing a valid identity document.

Right of appeal against decisions to make deportation order in respect of frontier workers U.K.

6E.— (1) A frontier worker who has entered the United Kingdom may appeal against a decision to make a deportation order under section 5(1) of the 1971 Act in respect of them.

(2) But paragraph (1) does not apply to a person if the decision to remove that person was taken—

(a) under regulation 23(6)(b) of the Immigration (European Economic Area) Regulations 2016 (“the 2016 Regulations”), where the decision to remove was taken before the revocation of the 2016 Regulations, or

(b) otherwise, under regulation 23(6)(b) of the 2016 Regulations as it continues to have effect by virtue of the Citizens' Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 or the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020.

(3) In addition, a person cannot bring an appeal under paragraph (1) without producing—

(a) a valid identity document, and

(b) if they do not have a valid frontier worker permit, sufficient evidence to satisfy the Secretary of State that they are a frontier worker.

(4) For the purposes of paragraph (3)(b), a person is to be treated as having a valid frontier worker permit if they would hold such a permit but for its revocation following a decision to make a deportation order under section 5(1) of the 1971 Act in respect of them.

Alternative evidence of identity and nationality U.K.

6F.   Where a provision of this Part requires a person to hold or produce a valid identity document, the Secretary of State may accept alternative evidence of identity and nationality where the person is unable to obtain or produce the required document due to circumstances beyond the person's control.]