European Union (Withdrawal Agreement) (Citizensâ Rights) Regulations 2020.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the European Union (Withdrawal Agreement) (Citizens’ Rights) Regulations 2020.
(2) These Regulations shall come into operation at 11.00 p.m. on 31 December 2020.
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paragraphs: (1) In these Regulations -
(a) to whom before the end of the transition period the definition of United Kingdom national in Article 2(d) applied and in relation to whom that definition has not ceased to apply, and
(b) who exercised his or her right to reside in the State in accordance with Union law before the end of the transition period and continues to reside in the State thereafter;
(2) A word or expression that is used in these Regulations and is also used in Part 1 or 2, or both, of the Withdrawal Agreement shall have in these Regulations the same meaning as it has in those Parts of the Withdrawal Agreement unless the contrary intention appears.
(3) A reference in these Regulations to a numbered Article is a reference to the Article so numbered of the Withdrawal Agreement.
(4) A reference in these Regulations to the date on which these Regulations come into operation shall be construed as a reference to the particular time on that date at which these Regulations come into operation.
(5) These Regulations are without prejudice to the rights or privileges of an individual under any arrangements between the Government and the government of the United Kingdom of Great Britain and Northern Ireland concerning the Common Travel Area and associated reciprocal rights and privileges.
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paragraphs: (1) For the purposes of these Regulations, a person is a qualifying family member of a particular United Kingdom national where -
(a) the person is -
(i) the United Kingdom national’s spouse or civil partner,
(ii) a direct descendant of the United Kingdom national, or of the United Kingdom national’s spouse or civil partner, and is-
(I) under the age of 21, or
(II) a dependent of the United Kingdom national, or of his or her spouse or civil partner,
(iii) a dependent direct relative in the ascending line of the United Kingdom national, or of his or her spouse or civil partner, or
(iv) a person, other than a permitted family member, whose presence is required by the United Kingdom national in order not to deprive the United Kingdom national of a right of residence to which Part 2 of the Withdrawal Agreement applies,
and
(b) he or she fulfils one or more of the conditions set out in Article 10(1)(e)(i), (ii) or (iii).
(2) For the purposes of these Regulations, a person is a permitted family member of a particular United Kingdom national –
(a) where -
(i) before the end of the transition period, the Minister decides in accordance with Regulation 5 of the Regulations of 2015 that the person be treated as a permitted family member of the United Kingdom national for the purposes of those Regulations,
(ii) before the end of the transition period, he or she resided in the State, and
(iii) after the end of the transition period he or she continues to reside in the State,
(b) where -
(i) he or she is a person to whom Regulation 23(2) applies,
(ii) after the end of the transition period, the Minister decides in accordance with Regulation 5 of the Regulations of 2015 that the person be treated as a permitted family member of the United Kingdom national, and
(iii) after the end of the transition period he or she continues to reside in the State,
or
(c) where -
(i) before the end of the transition period, he or she is a partner with whom a United Kingdom national has a durable relationship, duly attested,
(ii) before the end of the transition period, he or she resided outside the State, and
(iii) the Minister has, in accordance with paragraph (4), decided that the person should be treated as a permitted family member of the United Kingdom national for the purposes of these Regulations, which decision has not been revoked under Regulation 20.
(3) This paragraph applies to a person who -
(a) before the end of the transition period, is the partner with whom a United Kingdom national has a durable relationship, duly attested, and
(b) at the time of his or her application under paragraph (4), the relationship referred to in subparagraph (a) continues to exist.
(4) Where a United Kingdom national has entered or is residing in the State in accordance with these Regulations, a person to whom paragraph (3) applies may apply to the Minister for a decision that he or she be treated as a permitted family member for the purposes of these Regulations.
(5) Regulations 5(2) to (6) of the Regulations of 2015 shall apply with any necessary modifications to an application under paragraph (4).
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paragraphs: (1) A person who is -
(a) a United Kingdom national, or
(b) a family member of a United Kingdom national where the family member is a Union citizen,
(2) Regulations 4(2), (3), (4), (5) and (6) of the Regulations of 2015 shall, subject to paragraph (3) and Regulation 22, apply to a family member of a United Kingdom national where the family member is neither a Union citizen nor a United Kingdom national as they apply to a qualifying family member to whom those Regulations apply.
(3) For the purposes of paragraph (2) -
(a) a reference in Regulation 4(4) of the Regulations of 2015 to a residence card shall be construed as a reference to a permanent residence document or a residence document,
(b) a reference in Regulation 4(6)(a) of the Regulations of 2015 to a person referred to in clause (i) of Regulation 3(5)(b) shall be construed as a reference to a person referred to in Regulation 3(1)(a)(i), and
(c) a reference in Regulation 4(6)(b) of the Regulations of 2015 to a person referred to in clause (ii) or (iii) of Regulation 3(5)(b) shall be construed as a reference to a person referred to in Regulation 3(1)(a)(ii), (iii) or (iv).
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paragraphs: Regulations 6(1)(a)(i), (1)(b), (2), (3)(a)(i), (3)(a)(ii), (3)(a)(iii), (3)(c) and 11(1) of the Regulations of 2015 shall, subject to Regulation 22, apply to a United Kingdom national as they apply to a Union citizen to whom those Regulations apply.
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paragraphs: (1) This Regulation applies to a family member of a United Kingdom national where the family member is a Union citizen or a United Kingdom national.
(2) Regulations 6(1)(a)(i), (1)(b), (2), (3)(a)(iv), 9(1), (3), 10(1) and 11(1) of the Regulations of 2015 shall, subject to Regulation 22, apply to a person to whom this Regulation applies as they apply to a family member (within the meaning of the Regulations of 2015).
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paragraphs: (1) This Regulation applies to a family member of a United Kingdom national where the family member is neither a Union citizen nor a United Kingdom national.
(2) Regulations 6(1)(a)(ii), (1)(b), (2), (3)(b), (4), (5), (6), 9(2), (3), 10(2)(a), 11(1) and (2) of the Regulations of 2015 shall, subject to paragraph (3) and Regulation 22, apply to a person to whom this Regulation applies as they apply to a family member (within the meaning of the Regulations of 2015).
(3) Where a family member to whom this Regulation applies is a child to whom Regulation 9(3) of the Regulations of 2015 applies, he or she shall have the same entitlement to reside in the State as his or her parent.
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paragraphs: (1) A United Kingdom national or a family member of a United Kingdom national where the family member is a Union citizen or a United Kingdom national may apply to the Minister for a residence document.
(2) An application under paragraph (1) shall-