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Settled status: right to appeal

Part of European Union (Withdrawal Agreement) Bill – in the House of Commons at 8:15 pm on 7th January 2020.

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“(1) A person may appeal against a settled status decision to the First-tier Tribunal.

(2) A settled status decision includes a decision—

(a) to refuse to grant leave to remain under Appendix EU of the Immigration Rules made under section 3(2) of the Immigration Act 1971, or

(b) to grant limited leave to remain under Appendix EU of the Immigration Rules made under section 3(2) of the Immigration Act 1971 to a person who has applied for indefinite leave to remain under that Appendix.

(3) An appeal against a decision under subsection 2(b) may be brought only on the grounds that the person is entitled to indefinite leave to remain under Appendix EU of the Immigration Rules.

(4) While an appeal under subsection 2(a) is pending, the person concerned shall be deemed to have all the rights associated with indefinite leave to remain under Appendix EU of the Immigration Rules in particular as concerns residence, employment, access to social security benefits and other services.

(5) While an appeal under subsection 2(b) is pending, the limited leave to remain granted under Appendix EU to the Immigration Rules shall continue in force.

(6) “Pending” shall have the same meaning for the purposes of subsections (4) and (5) above as in section 104 of the Nationality, Immigration and Asylum Act 2002.”—(Christine Jardine.)

This new clause would establish a right to appeal settled status decisions.

Brought up, and read the First time.

Question put, That the clause be read a Second time:—