Date Legislation considered: 12 December 2025
Date Legislation in force: 6 October 2025
Relevant Withdrawal Agreement/EEA EFTA Separation Agreement Right(s): Article 12/13 – Right of residence, Article 17/18 – Issuance of residence documents
What does the legislation do?
The Regulations introduce a new section 55NA into Gibraltar’s Immigration, Asylum, and Refugee Act. The new provision temporarily suspends residence rights and subject to some exceptions, the issuance of residence cards, registration certificates, documents certifying permanent residence and permanent residence cards to EEA nationals (including Swiss and UK nationals) residing in Gibraltar for more than 3 months from 6 October 2025 onwards.
The Explanatory Memorandum states that the new section is temporary, and will be revoked by Order of the Chief Minister at a future date.
Provision is made for the continued issuance of residence documents in certain limited circumstances. Documents will still be issued where the application was made before 6 October 2025 and where the “interests of Gibraltar” require them to be issued. The “interests of Gibraltar” includes circumstances where it is a requirement of an international obligation binding on Gibraltar. The issuance of residence documents in such circumstances will require the personal approval of the Chief Minister.
Following discussion with the IMA, the Regulations have been amended by the Amendment Regulations, with the changes also taking effect from 6 October 2025. The Amendment Regulations insert a new section 55NA(4) into the Immigration Asylum and Refugee Act. The new section makes it clear that the changes made by the 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 Regulations had not been made.
Comments
Gibraltar operates a declaratory scheme of residence. This means that beneficiaries of the Withdrawal Agreements who continue to reside in Gibraltar and meet the conditions of the Agreements, automatically have rights under them. Whilst Article 18(4) of the Withdrawal Agreement and Article 17(4) of the Separation Agreement provide that citizens in a declaratory scheme have a right to request a document evidencing their rights, it is not a condition of their legal residence that they apply for such a document.
Sections 10A and 10B of the European Union (Withdrawal Agreement) Act 2019 gives effect to Article 4 of the Withdrawal Agreements (Article 4 providing for the primacy and direct effect of the Agreements in Gibraltar).
Whilst it was not the policy intention of the Government of Gibraltar, the IMA had initial concerns that the new section 55NA purported 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 considers would have been incompatible with the Withdrawal Agreements.
The IMA is pleased that the Amendment Regulations make clear that EU and EEA EFTA citizens resident in Gibraltar as Agreement beneficiaries are not captured by the changes, and will therefore continue to be issued a document evidencing their residence rights as normal.
The GoG have also published a technical notice which makes clear that the suspension on issuing residency documents does not affect Withdrawal Agreement beneficiaries.
Any citizen experiencing difficulties in exercising their rights are encouraged to report a complaint through the IMA Portal.
Further information about the IMA and guidance on how to report complaints can also be found on the Website.