Gibraltar Suspension of Issuance of Residency Documentation – Immigration (EU Exit) Regulations 2025

Summary of Information

On 6 October 2025, the Immigration (EU Exit) Regulations 2025 (“Principal Regulations”) came into force in Gibraltar.  

The Principal Regulations temporarily suspend residence rights and, subject to some exceptions, the issuance of new residence documentation for certain EEA nationals (including Swiss and UK nationals) residing in Gibraltar from 6 October 2025 onwards.  

There are exceptions: 

• Individuals who applied before 6 October 2025 but have not yet received documentation. 

• Cases where it is in Gibraltar’s interests to issue documents, including: 
  • Compliance with international obligations (which includes the European Union (Withdrawal Agreement) Act 2020). 
  • Prevention of extreme hardship. 
  • Economic considerations. 

The IMA had initial concerns that the Principal Regulations had the effect of purporting to restrict the residence rights of EU and EEA EFTA citizens who do not hold a document, or did not apply for one prior to 6 October 2025, which the IMA considered would have been incompatible with the Withdrawal Agreements. The IMA sought assurance from the Government of Gibraltar that this was not the case and that applications from Withdrawal Agreement beneficiaries for documentary evidence of their residence rights would continue to be processed.

Summary of Actions and Evidence

Through positive engagement between the IMA and the Government of Gibraltar, the Principal Regulations have been amended as follows: 

• The Immigration (EU Exit)(Amendment) Regulations 2025 (“Amendment Regulations”) which originally came into force on 30 October 2025 make it clear that Withdrawal Agreement beneficiaries are not affected by changes introduced by the Principal Regulations which came into force on 6 October 2025.  Withdrawal Agreement beneficiaries continue to have the right to reside in Gibraltar and to obtain documentary evidence of these residence rights beyond 6 October 2025 as if the Principal Regulations had not been made.  
• The Government of Gibraltar also issued a Technical Notice on Immigration (EU Exit) Regulations 2025 making it clear to citizens and officials that Withdrawal Agreement beneficiaries are not captured by the changes. 
• On 4 December 2025, the Government of Gibraltar issued a Notice of Corrigendum to correct the date which the Amendment Regulations came into force to 6 October 2025 ensuring no gap between the Principal Regulations and Amendment Regulations. 

Summary of Decision

The Amendment Regulations insert a new savings provision, regulation 4, in the Principal Regulations. The provision makes it clear that the changes made by the Principal Regulations do not apply to those individuals with rights under the Withdrawal Agreements, meaning they continue to have the same rights as before 6 October 2025 and as if the Principal Regulations had not been made. See also IMA Legislation Monitoring Report. 

Based on this, the IMA considers that the concerns it had with the Principal Regulations are resolved, with the issue concluded. 

The IMA would encourage citizens to report issues, whether related to this matter or otherwise.  Further information about the IMA and guidance on how to report complaints can also be found on the Website.