Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 — House of Lords, 2020-12-10
Topic: Immigration
Susan Williams (Conservative, Centre-right): My Lords, I will refer to this instrument as the consequential amendments SI. Parliament has approved the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020, which will end free movement on 31 December, at the end of the transition period. The Act gives the Government full control of UK borders for the first time in decades, delivering on our promise to the British people. It represents an important milestone in paving the way for the new UK points-based immigration system, to operate from 1 January 2021 The consequential amendments SI is the next step in ending free movement, and completes the legislative changes necessary for this historic act. It is made under the regulation-making power in Section 5 of the Act, the scope of which we and the other place debated extensively during the passage of the legislation. I was pleased to share with noble Lords an illustrative text of the SI in early September The SI amends primary and secondary UK legislation as a consequence of, or in connection with, the provisions in Part 1 of the Act, which end free movement and make provisions for the new status for Irish citizens. It amends legislation relating to immigration, nationality, benefits and services. It amends devolved matters where changes are required for an immigration purpose, to reflect the end of free movement As noble Lords will have noted, the SI is lengthy, given the breadth of amendments to domestic legislation required. The effect of the legislative changes is to align the immigration treatment of EEA citizens and their family members who are not protected by the withdrawal agreements and the UK’s implementation of these agreements, with that of non-EEA citizens under the UK’s immigration system. Once free movement has ended, newly arriving EEA citizens and their family members will be subject to the same UK immigration law as non-EEA citizens. They will need to meet the requirements of the new points-based immigration system set out in the immigration rules made under the Immigration Act 1971 The SI provides clear protection for Irish citizens and EEA citizens and their family members who have been granted status under the EU settlement scheme. It also removes references in domestic legislation to the UK’s membership of the European Union and EU-derived law that has been retained by the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, at the end of the transition period Most of the changes will come into force at 11 pm on 31 December, at the end of the transition period. There are some exceptions, which include the provision to bring EEA citizens within scope of the immigration skills charge, which came into force on 1 December to coincide with the opening of the new skilled worker route. It means that the charge will apply to EEA citizens who arrive in the UK from 1 January 2021 under this route Another exception consists of the various provisions that bring EEA citizens within the scope of the sham marriage and civil partnership referral and investigation scheme. They will come into force on 1 July 2021, after the deadline for applications to the EU settlement scheme, at which point it will be easier for the Anglican Church to differentiate between EEA citizens who have status under the EU settlement scheme and those who do not The consequential amendments SI reflects the repeal of free movement at the end of the transition period, as enacted by Parliament’s approval of the Immigration and Social Security Co-ordination (EU Withdrawal) Act. It makes the statute book coherent, and terminates arrangements relevant to the operation of free movement law in UK legislation, which will no longer be appropriate, while implementing our obligations under the withdrawal agreements. It is an essential step in fulfilling our promise to end free movement. I beg to move.