Legislation – The Immigration, Nationality and Asylum (EU Exit) Regulations 2019

“(4)

Exception 3 is where—

(a)

the foreign criminal—

(i)

was lawfully resident in the United Kingdom immediately before commencement day by virtue of the EU Treaties, or

(ii)

has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules, and

(b)

the offence of which the foreign criminal was convicted as mentioned in section 32(1)(b) consisted of or included conduct that took place before commencement day.

(4A)

For the purposes of exception 3, a person is to be treated as having been resident in the United Kingdom—

(a)

at any time which would be taken into account for the purposes of calculating periods when the person was continuously resident for the purposes of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (see regulation 3);

(b)

at any time at which the person has a right of permanent residence in the United Kingdom under those Regulations (see regulation 15).

(4B)

For the purposes of exception 3—

“commencement day” means the time when the Immigration, Nationality and Asylum (EU Exit) Regulations 2019 come into force;

“residence scheme immigration rules” means—

(a)

Appendix EU to the immigration rules36 except those rules, or changes to that Appendix, which are identified in the immigration rules as not having effect in connection with the residence scheme that operates in connection with the withdrawal of the United Kingdom from the European Union, and

(b)

any other immigration rules which are identified in the immigration rules as having effect in connection with the withdrawal of the United Kingdom from the European Union.”.