Immigration and Asylum Act 1999

Part I — Immigration: General

Leave to enter, or remain in, the United Kingdom

Procedure for imposing penalties

1

In the 1971 Act, after section 3, insert—

(3A) (1) The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to enter the United Kingdom. (2) An order under subsection (1) may, in particular, provide for— (a) leave to be given or refused before the person concerned arrives in the United Kingdom; (b) the form or manner in which leave may be given, refused or varied; (c) the imposition of conditions; (d) a person’s leave to enter not to lapse on his leaving the common travel area. (3) The Secretary of State may by order provide that, in such circumstances as may be prescribed— (a) an entry visa, or (b) such other form of entry clearance as may be prescribed, is to have effect as leave to enter the United Kingdom. (4) An order under subsection (3) may, in particular— (a) provide for a clearance to have effect as leave to enter— (i) on a prescribed number of occasions during the period for which the clearance has effect; (ii) on an unlimited number of occasions during that period; (iii) subject to prescribed conditions; and (b) provide for a clearance which has the effect referred to in paragraph (a)(i) or (ii) to be varied by the Secretary of State or an immigration officer so that it ceases to have that effect. (5) Only conditions of a kind that could be imposed on leave to enter given under section 3 may be prescribed. (6) In subsections (3), (4) and (5) “prescribed” means prescribed in an order made under subsection (3). (7) The Secretary of State may, in such circumstances as may be prescribed in an order made by him, give or refuse leave to enter the United Kingdom. (8) An order under subsection (7) may provide that, in such circumstances as may be prescribed by the order, paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part I of Schedule 2 to this Act are to be read, in relation to the exercise by the Secretary of State of functions which he has as a result of the order, as if references to an immigration officer included references to the Secretary of State. (9) Subsection (8) is not to be read as affecting any power conferred by subsection (10). (10) An order under this section may— (a) contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and (b) make different provision for different cases. (11) This Act and any provision made under it has effect subject to any order made under this section. (12) An order under this section must be made by statutory instrument. (13) But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Leave to remain

2

In the 1971 Act, after section 3A, insert—

(3B) (1) The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to remain in the United Kingdom. (2) An order under subsection (1) may, in particular, provide for— (a) the form or manner in which leave may be given, refused or varied; (b) the imposition of conditions; (c) a person’s leave to remain in the United Kingdom not to lapse on his leaving the common travel area. (3) An order under this section may— (a) contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and (b) make different provision for different cases. (4) This Act and any provision made under it has effect subject to any order made under this section. (5) An order under this section must be made by statutory instrument. (6) But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

Continuation of leave pending decision

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In the 1971 Act, after section 3B, insert—

(3C) (1) This section applies if— (a) a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State, before his leave expires, for it to be varied; and (b) when it expires, no decision has been taken on the application. (2) His leave is to be treated as continuing until the end of the period allowed under rules made under paragraph 3 of Schedule 4 to the Immigration and Asylum Act 1999 for bringing an appeal against a decision on the application. (3) An application for variation of a person’s leave to enter or remain in the United Kingdom may not be made while that leave is treated as continuing as a result of this section. (4) But subsection (3) does not prevent the variation of an application mentioned in subsection (1).

Accommodation for those temporarily admitted or released from detention

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• (1) The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of persons—

• (a) temporarily admitted to the United Kingdom under paragraph 21 of Schedule 2 to the 1971 Act;

• (b) released from detention under that paragraph; or

• (c) released on bail from detention under any provision of the Immigration Acts.

• (2) The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of a person if—

• (a) he was (but is no longer) an asylum-seeker, and

• (b) his claim for asylum was rejected or declared inadmissible (see sections 80A and 80B of the Nationality, Immigration and Asylum Act 2002).

• (3) The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of a dependant of a person for whom facilities may be provided under subsection (2).

• (4) The following expressions have the same meaning in this section as in Part VI of this Act (as defined in section 94)—

• (a) asylum-seeker,

• (b) claim for asylum, and

• (c) dependant.

• (5) The Secretary of State may make regulations specifying criteria to be used in determining—

• (a) whether or not to provide accommodation, or arrange for the provision of accommodation, for a person under this section;

• (b) whether or not to continue to provide accommodation, or arrange for the provision of accommodation, for a person under this section.

• (6) The regulations may, in particular—

• (a) provide for the continuation of the provision of accommodation for a person to be conditional upon his performance of or participation in community activities in accordance with arrangements made by the Secretary of State;

• (b) provide for the continuation of the provision of accommodation to be subject to other conditions;

• (c) provide for the provision of accommodation (or the continuation of the provision of accommodation) to be a matter for the Secretary of State’s discretion to a specified extent or in a specified class of case.

• (7) For the purposes of subsection (6)(a)—

• (a) “community activities” means activities that appear to the Secretary of State to be beneficial to the public or a section of the public, and

• (b) the Secretary of State may, in particular—

• (i) appoint one person to supervise or manage the performance of or participation in activities by another person;

• (ii) enter into a contract (with a local authority or any other person) for the provision of services by way of making arrangements for community activities in accordance with this section;

• (iii) pay, or arrange for the payment of, allowances to a person performing or participating in community activities in accordance with arrangements under this section.

• (8) Regulations by virtue of subsection (6)(a) may, in particular, provide for a condition requiring the performance of or participation in community activities to apply to a person only if the Secretary of State has made arrangements for community activities in an area that includes the place where accommodation is provided for the person.

• (9) A local authority or other person may undertake to manage or participate in arrangements for community activities in accordance with this section.

• (10) The Secretary of State may make regulations permitting a person who is provided with accommodation under this section to be supplied also with services or facilities of a specified kind.

• (11) Regulations under subsection (10)—

• (a) may, in particular, permit a person to be supplied with a voucher which may be exchanged for goods or services,

• (b) may not permit a person to be supplied with money,

• (c) may restrict the extent or value of services or facilities to be provided, and

• (d) may confer a discretion.

Charges

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Exemption from immigration control

Members of missions other than diplomatic agents

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In the 1971 Act, in section 8 (exceptions for certain categories of person), for subsection (3A) (members of diplomatic missions) substitute—

(3A) For the purposes of subsection (3), a member of a mission other than a diplomatic agent (as defined by the 1964 Act) is not to count as a member of a mission unless— (a) he was resident outside the United Kingdom, and was not in the United Kingdom, when he was offered a post as such a member; and (b) he has not ceased to be such a member after having taken up the post.

Persons ceasing to be exempt

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In the 1971 Act, after section 8, insert—

(8A) (1) A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3). (2) If a person who is exempt— (a) ceases to be exempt, and (b) requires leave to enter or remain in the United Kingdom as a result, he is to be treated as if he had been given leave to remain in the United Kingdom for a period of 90 days beginning on the day on which he ceased to be exempt. (3) If— (a) a person who is exempt ceases to be exempt, and (b) there is in force in respect of him leave for him to enter or remain in the United Kingdom which expires before the end of the period mentioned in subsection (2), his leave is to be treated as expiring at the end of that period.

Persons excluded from the United Kingdom under international obligations

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In the 1971 Act, after section 8A, insert—

(8B) (1) An excluded person must be refused— (a) leave to enter the United Kingdom; (b) leave to remain in the United Kingdom. (2) A person’s leave to enter or remain in the United Kingdom is cancelled on his becoming an excluded person. (3) A persons’s exemption from the provisions of this Act as a result of section 8(1), (2) or (3) ceases on his becoming an excluded person. (4) “Excluded person” means a person— (a) named by or under, or (b) of a description specified in, a designated instrument. (5) The Secretary of State may by order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it— (a) requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or (b) recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed). (6) Subsections (1) to (3) are subject to such exceptions (if any) as may specified in the order designating the instrument in question. (7) An order under this section must be made by statutory instrument. (8) Such a statutory instrument shall be laid before Parliament without delay.

Removal from the United Kingdom

Treatment of certain overstayers

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• (1) During the regularisation period overstayers may apply, in the prescribed manner, for leave to remain in the United Kingdom.

• (2) The regularisation period begins on the day prescribed for the purposes of this subsection and is not to be less than three months.

• (3) The regularisation period ends—

• (a) on the day prescribed for the purposes of this subsection; or

• (b) if later, on the day before that on which section 65 comes into force.

• (4) Section 10 and paragraph 12 of Schedule 15 come into force on the day after that on which the regularisation period ends

• (5) The Secretary of State must publicise the effect of this section in the way appearing to him to be best calculated to bring it to the attention of those affected.

• (6) “Overstayer” means a person who, having only limited leave to enter or remain in the United Kingdom, remains beyond the time limited by the leave.

Removal of certain persons unlawfully in the United Kingdom

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• (1) A person is liable to removal from the United Kingdom ... if the person requires leave to enter or remain in the United Kingdom but does not have it.

• (2) Where a person (“P”) is liable to removal, or has been removed, from the United Kingdom under this section, a member of P’s family who meets the following three conditions is also liable to removal from the United Kingdom, provided that the Secretary of State or an immigration officer has given the family member written notice of the fact that they are liable to removal.

• (3) The first condition is that the family member is—

• (a) P's partner,

• (b) P's child, or a child living in the same household as P in circumstances where P has care of the child,

• (c) in a case where P is a child, P's parent, or

• (d) an adult dependent relative of P.

• (4) The second condition is that—

• (a) in a case where the family member has leave to enter or remain in the United Kingdom, that leave was granted on the basis of his or her family life with P;

• (b) in a case where the family member does not have leave to enter or remain in the United Kingdom, in the opinion of the Secretary of State or immigration officer the family member—

• (i) would not, on making an application for such leave, be granted leave in his or her own right, but

• (ii) would be granted leave on the basis of his or her family life with P, if P had leave to enter or remain.

• (5) The third condition is that the family member is none of the following—

• (a) a British citizen,

• (b) an Irish citizen,

• (c) a person who has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules.

• (6) A notice given to a family member under subsection (2) invalidates any leave to enter or remain in the United Kingdom previously given to the family member.

• (6A) A person who is liable to removal from the United Kingdom under this section may be removed only under the authority of the Secretary of State or an immigration officer and in accordance with sections 10A to 10E.

• (7) For the purposes of removing a person from the United Kingdom under this section, the Secretary of State or an immigration officer may give any such direction for the removal of the person as may be given under paragraphs 8 to 10 of Schedule 2 to the 1971 Act.

• (8) But subsection (7) does not apply where a deportation order is in force against a person (and any directions for such a person's removal must be given under Schedule 3 to the 1971 Act).

• (9) The following paragraphs of Schedule 2 to the 1971 Act apply in relation to directions under subsection (7) (and the persons subject to those directions) as they apply in relation to directions under paragraphs 8 to 10 of Schedule 2 (and the persons subject to those directions)—

• (a) paragraph 11 (placing of person on board ship or aircraft);

• (b) paragraph 16(2) to (2B), (3) and (4) (detention of person where reasonable grounds for suspecting removal directions may be given or pending removal in pursuance of directions);

• (c) paragraph 17 (arrest of person liable to be detained and search of premises for person liable to arrest);

• (ca) paragraph 17A (period for which persons may be detained);

• (d) paragraph 18 (supplementary provisions on detention);

• (e) paragraph 18A (search of detained person);

• (f) paragraph 18B (detention of unaccompanied children);

• (g) paragraphs 19 and 20 (payment of expenses of custody etc);

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) paragraphs 25A to 25E (searches etc).

• (10) The Secretary of State may by regulations make further provision about—

• (a) the time period during which a family member may be removed under this section;

• (b) the service of a notice under subsection (2) or sections 10A to 10E.

• (11) In this section “child” means a person who is under the age of 18.

Removal of asylum claimants under standing arrangements with member States

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Removal of asylum claimants in other circumstances

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Proof of identity of persons to be removed or deported

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• (1) This section applies if a person—

• (a) is to be removed from the United Kingdom to a country of which he is a national or citizen; but

• (b) does not have a valid passport or other document establishing his identity and nationality or citizenship and permitting him to travel.

• (2) If the country to which the person is to be removed indicates that he will not be admitted to it unless identification data relating to him are provided by the Secretary of State, he may provide them with such data.

• (3) In providing identification data, the Secretary of State must not disclose whether the person concerned has made a claim for asylum.

• (4) For the purposes of Article 49(1)(d) of the UK GDPR, the provision under this section of identification data is a transfer of personal data which is necessary for important reasons of public interest.

• (4A) “The UK GDPR” has the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(10) and (14) of that Act).

• (5) “Identification data” means—

• (a) fingerprints taken under section 141; or