Explanatory Notes

Lords Amendment (New clause: Rights related to residence) instead of Clause 7: Rights related to residence: application deadline and temporary protection

Lords Amendment 1*

11 Lords Amendment 1* would remove Clause 7 of the Bill and replace it with a new clause. Subsection (1) of the new clause would require the Secretary of State to make regulations implementing Article 18(4) of the Withdrawal Agreement, Article 17(4) of the EEA EFTA separation agreement and Article 16(4) of the Swiss citizens’ rights agreement. These Articles cover the rights of eligible citizens to receive a residence document if the host State has not required individuals to apply for a residence status as a condition of legal residence.

12 Subsection (2) would provide that the regulations must apply uniformly across both a) those who are within the personal scope of the Agreements having a right to reside in the UK and b) those eligible for indefinite leave to enter or remain, or limited leave to enter or remain, by virtue of residence scheme immigration rules. Residence scheme immigration rules is defined in Clause 17.

13 The new clause would include financial implications as regulations must be made under subsection 1 and would be required to make ‘provision for a physical document providing proof of Residence.’ This would generate a significant level of unfunded expenditure. Indicative cost estimates for issuing physical residence documents are in excess of £36m.


Prepared 21st January 2020