Section 45 makes provision for all European Union (EU), other European Economic Area (EEA) and Swiss nationals, and their family members, with leave to enter or remain in the UK granted under the EU Settlement Scheme (EUSS) – which enables them to continue living in the UK now that the UK has left the EU –to be treated as being a beneficiary of the relevant Citizens’ Rights Agreement.
	This will be so even where they are not within the personal scope of that Agreement because they (or their EU, other EEA or Swiss national family member) were not residing in the UK in accordance with EU law (or, in the case of other EEA and Swiss nationals, the relevant equivalent) immediately before the end of the post-EU exit implementation period at 11pm on 31 December 2020. Such a person will have directly enforceable rights in the UK under that Agreement, for as long as they hold leave to enter or remain under the EUSS. That is already the position, under section 7A or 7B of the European Union (Withdrawal) Act 2018, where they are within the personal scope of the relevant Citizens’ Rights Agreement. The section provides for it to be so where they are not.
	Subsection (1) defines the residency and other rights, on which a person to whom the section applies can rely directly under UK law, by reference to relevant provisions of Part 2 (citizens’ rights) of the Withdrawal Agreement with the EU and the equivalent provisions of the Citizens’ Rights Agreements with the other EEA states (Norway, Iceland and Liechtenstein) and Switzerland.
	Subsection (2) defines who the section applies to. It applies only where: (i) a person has leave to enter or remain under residence scheme immigration rules (i.e. the EUSS) granted to them as an EU, other EEA or Swiss national resident in the UK immediately before the end of the implementation period (or within a temporary absence from the UK permitted by those rules), or as their family member; and (ii) the EU, other EEA or Swiss national’s continuous residence in the UK immediately before the end of the transition period was not in accordance with EU law (or, in the case of other EEA and Swiss nationals, the relevant equivalent). In all cases, the Home Office will have decided that the person meets the requirements of the EUSS and other public authorities will be expected to rely on that decision for as long as the person holds EUSS leave.
	Subsections (3) and (4) explain some of the terms used in subsection (2), in particular by reference to residence scheme immigration rules (i.e. for the EUSS), contained in Appendix EU to the immigration rules.
	Subsections (5) and (6) provide that a person to whom the section applies can rely directly under UK law on the rights defined in subsection (1) as though they were in scope of the relevant Citizens’ Rights Agreement. They can rely on those provisions in the same way that a person within the personal scope of the relevant Agreement can, further to section 7A or 7B of the European Union (Withdrawal) Act 2018.
	Subsection (7) explains some legal terms used in the section.
Part 2: Asylum and Immigration EU Settlement Scheme Section 45: EU Settlement Scheme: rights of entry and residence etc.