Chapter 4 Updates - September 2021

Free movement for EU nationals

4.2UK’s withdrawal from the EU

The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 repeals retained free movement law in the UK to permit the introduction of a points based system applicable equally to EEA nationals and TCNs (see Chapter 9).

4.2.1EU Settlement Scheme

The Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 came into force on 31 January 2020 and afford applicants under the EU Settlement Scheme a right of appeal, but only in respect of decisions made after the regulations came into effect. EEA appeals against decisions under the EEA Regulations made before 1 January 2021 will continue to apply the EEA law as discussed in this chapter.

4.3EU Free movement:sources of law

As mentioned above, EU law continues to be applicable in some instances in the UK legal order (primarily in appeals relating to EEA refusal decisions). Whilst these appeals progress through the Tribunal system, therefore, EU law will continue to be of relevance in the UK.