The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (the “New Regulations”), laid before Parliament on February 11 in draft form, make major changes to the law on deportation of European Economic Area (“EEA”) and Turkish citizens in the wake of Brexit.
The New Regulations will come into force on the date of Brexit, if there is no deal, or at the end of a transition period if there is a deal and change the grounds on which a decision can be made to restrict admission or residence in the UK of an EEA national or their family members, or to deport an EEA national or their family by amending the existing Immigration (European Economic Area) Regulations 2016 (the “EEA Regulations”).
Under the EEA Regulations, persons can only be deported on serious grounds of public policy or public security, as per Regulation 27 of the EEA Regulations and Articles 27 and 28 of the 2004 Free Movement Directive. Although the term “serious grounds” is not defined in the EEA Regulations or the directive, in practice for this to apply, there has to be stronger grounds than would be applicable for a person who does not have a permanent right of residence.
For EEA nationals with 10 years’ residence in the UK and for children, removal from the UK is only permitted on imperative grounds of public security, but the New Regulations provide at Regulation 27A that deportation will be allowed where it would be “conducive to the public good” – a lower test than is currently in place.
This is a major policy change for EEA nationals, who will now find it easier to be deported by the UK government, regardless of the length of time they have been resident in the UK or the status of their residence there. The new regulations also end the application of the Ankara Agreement which means any Turkish nationals who commit an offence in the UK after it leaves Europe can also be subject to deportation as described above.
Although these changes to free movement are contingent upon the passage and implementation of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill that is currently being considered by Parliament and which will, if enacted, end free movement and other retained EU law on immigration after the UK splits from the rest of Europe.
