The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020

[^key-f973076a843fa309d1ddfb7fc188f515]: Reg. 2(1A) 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(2)(b)

[^key-5b25723d26acf2bbdf52c7c026bf6bbe]: Words in reg. 6 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(4)

[^key-7b9e04a7f3abd363a635502db8b0e767]: Reg. 13(4A)(4B) 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(7)

[^key-6df1a2eda50f910123923fd4274cbdbe]: Words in reg. 2(1) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(2)(a)

[^key-7246f50d1ff0b64ff3b92e5bc61ee8b0]: Words in reg. 2(1) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(2)(c)

[^key-6f476f02cbdaae64624f6a3b1268bc3f]: Words in reg. 2(1) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(2)(b)

[^key-170ceba50fa2d8f8f7b2d5743c662e74]: Words in reg. 6 heading inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(4)(a)

[^key-3f7bd9d2c2f688f8efba1e918636089d]: Reg. 6(3) substituted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(4)(b)

[^key-cfca50197d79fc54468084446d8017d1]: Words in reg. 8(2)(a) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(6)(a)(i)

[^key-8162a0ce45ee2cb798d714b792b0ff4b]: Words in reg. 8(2)(b) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(6)(a)(ii)

[^key-6fe0f4c42fb5ec2c51c770ac005ecd2a]: Words in reg. 8(2)(c) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(6)(a)(iii)

[^key-2685db66220459c928042fc2b5a3b236]: Reg. 8(3)(g)-(j) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(6)(b)

[^key-03ce94e6253ac06928eb0c4962f807e2]: Words in reg. 13(3) substituted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(7)(a)

[^key-8bdab8cfe0f738b1700351c8fcf9bef2]: Reg. 13(4C)-(4E) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(7)(b)

[^key-9d3fdd163df8102b1c29020834661d5d]: Regs. 6G-6J and cross-heading inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens’ Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(a), 2(5)

[^key-85eb54b4917a8498e595b620e25a8ae0]: Reg. 13A inserted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 4

[^key-af3280f89d5f4b52d755bc9d65303153]: Reg. 16A inserted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 6

[^key-1dce983788063d29aa0ad71fb2165de9]: Reg. 3(2) substituted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 3

[^key-25f8fd32fc0e13872218b47c9b63e571]: Reg. 15(2) omitted (8.5.2023) by virtue of The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 5

[^key-c39b9b878895d70a1c22c38e30ad5949]: Words in Sch. 1 para. 4(3)(a) inserted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 7(1)

[^key-50f20360bd5c683dd8514cf56b618509]: Words in Sch. 2 para. 3(3)(b) inserted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 7(2)

[^key-3d867d26e9bc42ffcb005e7e2a6515b5]: Words in Sch. 3 para. 1(2)(a) inserted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 7(3)

[^key-cdc80f62d9702d8309a4300d8330543e]: Words in Sch. 3 para. 1(2)(b) inserted (8.5.2023) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2023 (S.I. 2023/441), regs. 1(2), 7(3)

[^key-4de939fd4ab0e85f8564d4ab9a664904]: Reg. 6(1A) inserted (25.6.2025) by The Immigration (Citizens’ Rights Appeals) (EU Exit) (Amendment) Regulations 2025 (S.I. 2025/639), regs. 1(2), 2

Decisions other than those relating to frontier workers

Right of appeal against decisions relating to leave to enter or remain in the United Kingdom made by virtue 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 rules

Right of appeal against decisions made in connection with scheme entry clearance

Right of appeal against decisions to make a deportation order in respect of a person other than a person claiming to be a frontier worker or a person with a healthcare right of entry

Decisions relating to frontier workers

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

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

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

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

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

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

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.

Appeal to the Tribunal or the Special Immigration Appeals Commission

Grounds of appeal

Matters to be considered by the relevant authority

Determination of appeal

Decisions relating to persons with a healthcare right of entry

Right of appeal against decisions relating to leave to enter or remain in the United Kingdom granted to or obtained by a person with a healthcare right of entry

6G

• (1) A person (“P”) may appeal against a decision made on or after IP completion day—

• (a) to vary P's healthcare leave, so that P does not have leave to enter or remain in the United Kingdom,

• (b) to cancel P's healthcare leave,

• (c) where P applies on or after IP completion day for leave to enter or remain in the United Kingdom under Appendix S2, not to grant such leave to P, or

• (d) not to vary P's leave to enter or remain in the United Kingdom granted by virtue of Appendix S2 in response to P's relevant application.

• (2) In this regulation, “relevant application” means an application for, or as the case may be, to vary, leave to enter or remain in the United Kingdom made under Appendix S2 on or after IP completion day.

Right of appeal against decisions made in connection with healthcare entry clearance

6H

A person may appeal against a decision made on or after IP completion day

• (a) where the person applies for healthcare entry clearance on or after IP completion day, to refuse their application,

• (b) to cancel or revoke their healthcare entry clearance,

• (c) where they have healthcare 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, or

• (d) to cancel or vary the leave to enter the United Kingdom which they have by virtue of having arrived in the United Kingdom with healthcare entry clearance.

Right of appeal against decision to vary leave under article 5 of the 1972 Order

6I

A person (“P”) may appeal against a decision, made on or after IP completion day, to vary their leave to enter or remain in the United Kingdom if—

• (a) P is in the United Kingdom, and

• (b) Article 5 of the 1972 Order applied to P on their entry to the United Kingdom.

Right of appeal against decisions to make a deportation order in respect of a person with a healthcare right of entry

6J

• (1) A person to whom paragraph (2) applies may appeal against a decision, made on or after IP completion day, to make a deportation order under section 5(1) of the 1971 Act in respect of them.

• (2) This paragraph applies to a person —

• (a) who has healthcare leave,

• (b) who is in the United Kingdom (whether or not the person has entered within the meaning of section 11(1) of the 1971 Act) having arrived with healthcare entry clearance, or

• (c) to whom Article 5 of the 1972 Order applied on their entry to the United Kingdom.

• (3) But paragraph (2) 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 is taken before the 2016 Regulations are revoked, 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.

• (4) The reference in paragraph (2) to a person who has healthcare leave includes reference to a person who would have such leave but for the making of a deportation order under section 5(1) of the 1971 Act.

Appeal to the Tribunal or the Special Immigration Appeals Commission

Grounds of appeal

Matters to be considered by the relevant authority

Determination of appeal

Continuation of leave during specified appeals

13A

• (1) This regulation applies where—

• (a) a relevant appealable decision has been made in relation to a person (“P”),

• (b) P has entered and is in the United Kingdom at the date of the relevant appealable decision, and

• (c) the Secretary of State has not certified P’s removal under regulation 15(4), 16(3) or 16A(3).

• (2) P’s leave to enter or remain is extended during any period when an appeal against the relevant appealable decision could be brought (ignoring the possibility of an appeal out of time with permission) or is pending.

• (3) P may not make an application for variation of their leave to enter or remain in the United Kingdom while their leave is extended by this regulation.

• (4) In this regulation, “relevant appealable decision” means an appealable decision as described in regulation 3(1)(a) or regulation 4.

• (5) Leave extended by this regulation remains subject to Part IV of the Immigration (Leave to Enter and Remain) Order 2000.

Place from which an appeal may be brought or continued: general

National security decisions: place from which an appeal may be brought or continued, certification of removal etc.

Other appealable decisions: certification of removal

Other appealable decisions: certification of removal in cases of abuse of rights or fraud

16A

• (1) This regulation applies where a relevant appealable decision has been made in relation to a person (“P”) and that decision was taken by the Secretary of State, whether in whole or in part, because of abuse of rights or fraud.

• (2) For the purposes of this regulation, abuse of rights or fraud includes:

• (a) entering, attempting to enter, or assisting another person to enter or attempt to enter, a marriage, civil partnership or durable partnership of convenience, or

• (b) fraudulently obtaining or attempting to obtain, or assisting another fraudulently to obtain or to attempt to obtain, entry clearance under relevant entry clearance immigration rules or leave to enter or remain in the United Kingdom under residence scheme immigration rules.

• (3) Where this regulation applies, the Secretary of State may certify that removal of P—

• (a) to the country or territory to which P is proposed to be removed, and

• (b) despite the appeals process in relation to the relevant appealable decision having not been begun or not having been exhausted,

would not be unlawful under section 6 of the Human Rights Act 1998.

• (4) The grounds upon which a certificate may be given under paragraph (3) include (in particular) that P would not, before the appeals process in relation to the relevant appealable decision is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which P is proposed to be removed.

• (5) In this regulation, “relevant appealable decision” means an appealable decision other than a decision which has been certified under paragraph 1 or 2 of Schedule 1 as taken in the interests of national security.

• (6) See sections 78 and 79 of the 2002 Act, as applied by Schedule 1 or 2 to these Regulations, for the consequences of certification under this regulation.