Immigration and Social Security Co-ordination (EU Withdrawal) Bill

Explanatory Notes


Overview of the Bill

1 The purpose of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill (the Bill) is to end free movement of persons into the UK and make European Union (EU), European Economic Area (EEA) and Swiss nationals and their family members subject to UK immigration controls. The Bill ends the EU’s rules on free movement in the UK and other retained EU law on immigration which will have been saved in UK law by the European Union (Withdrawal) Act 2018 ("EU (Withdrawal) Act"). The Bill also repeals section 7 of the Immigration Act 1988. This means that EEA nationals and their family members will require permission to enter and remain in the UK under the Immigration Act 1971. The Bill makes provision for the status of Irish citizens. It also contains provision for the Government (and/or, where appropriate, a devolved authority) to amend retained direct EU legislation relating to the social security co-ordination regime, which will also have been saved in UK law by the EU (Withdrawal) Act.

2 The main measures in the Bill include:

repealing the main retained EU law relating to free movement and bringing EEA nationals and their family members under UK immigration control;

protecting the status of Irish citizens in UK immigration law once their EU free movement rights end; and

powers to amend, by regulations, retained EU law governing social security co-ordination, enabling policy changes to be delivered post EU Exit.

 

Prepared 19th December 2018