Official - Sensitive
Interim operational instruction
Date: 1 February 2017
Index
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please email Border Force NCC <email address redacted>.
Contact details
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Official - Sensitive
Official - Sensitive
Border Force
Interim operational instruction
Issue no:
Subject: EEA Regulations 2016: Public Policy and Public Security Action: Follow these instructions
Circulation: All Border Force staff
Instruction to staff:
From 1 February 2017, changes set out in the Immigration (European Economic Area)
Regulations 2016, on criminality and abuse will come into force. These changes, which
affect EEA nationals and their family members, will require Border Force officers to
apply the revised public policy and public security test when considering admission to
the UK. The guidance can be found here <internal link redacted>.
The main changes include:
In cases where there are public policy or public security grounds to refuse
admission, re-balancing the proportionality argument in favour of the Secretary of
State’s responsibilities towards protecting British Citizens and away from an EEA
national’s free movement rights.
Clarity on the definition of ‘
the fundamental interests of society’ - a non-
exhaustive list of behaviours contrary to the principle of free movement is
included in Schedule 1 of the EEA Regulations 2016. Sham marriage, the use of
fraudulent documents, tax evasion and duties and low-level persistent offending
now come under the scope of public policy. Immigration Officers may therefore
refuse entry where there is evidence of a present, genuine and sufficiently
serious threat to these interests and it is proportionate to do so.
In-country casework will be able to impose deportation orders on EEA nationals
or their family members whose behaviour is contrary to the ‘fundamental
interests of society’. These will range from indefinite to time-limited (3, 5 or 10
years) depending on the risk posed to the fundamental interests of society and
proportionality considerations. A time limited deportation order has the same
effect as an indefinite one for the period that it is in force and admission to the
UK must be refused.
Replacing provisions relating to ‘abuse of rights and fraud’ set out in the EEA
Regulations 2006 with new provisions to tackle the ‘misuse of rights’. This allows
Immigration Officers to continue to refuse entry to those:
o who re-enter the UK within 12-months of an EEA administrative removal
where they do not meet the requirements for re-entry
o who repeatedly leave and re-enter the UK within the 3 month initial right
of residence in order to circumvent free movement requirements.
The <redacted> have been updated to reflect these changes. Any previous versions of
this form should not be used.
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link to page 1
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Background: On 3 November 2016, new regulations were laid which replace the Immigration
(European Economic Area) Regulations 2006. These changes give effect to the
Government’s manifesto commitment to make it easier to deport EU criminals and
introduce a longer re-entry ban.
Contact for this instruction: Border Force National Immigration and Customs Enquiries (BF NICE) <contact details
redacted>
Mandatory field
Director clearance: Yes
Name: Alex Hurst
Review date: 1 July 2017 Back to front page
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