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IMMIGRATION ACT 2014

UK Public General Acts

Version 15/12/2014

2014 CHAPTER 22

Default Geographical Extent: E+W+S+N.I.


  • PART 1. Removal and other powers
    • Removal
    • Powers of immigration officers
    • Detention and bail
    • Biometrics
  • PART 2. Appeals etc
  • PART 3. Access to services etc
    • CHAPTER 1. Residential tenancies
      • Key interpretation
      • Penalty notices
      • Objections, appeals and enforcement
      • Codes of practice
      • General
    • CHAPTER 2. Other services etc
      • National Health Service
      • Bank accounts
      • Work
      • Driving licences
  • PART 4. Marriage and civil partnership
    • CHAPTER 1. Referral and investigation of proposed marriages and civil partnerships
      • Investigation
      • Referral
      • Scotland and Northern Ireland
    • CHAPTER 2. Sham marriage and civil partnership
    • CHAPTER 3. Other provisions
      • Persons not relevant nationals etc: marriage on superintendent registrar's certificates (P)
      • Information (E+W)
      • Miscellaneous
  • PART 5. Oversight
    • Office of the Immigration Services Commissioner
    • Police Ombudsman for Northern Ireland
  • PART 6. Miscellaneous
    • Citizenship
    • Embarkation checks
    • Fees
    • Welfare of children
  • PART 7. Final provisions
  • Version 15/12/2014
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  • Version as enacted

Introductory Text

Immigration Act 2014

2014 CHAPTER 22

An Act to make provision about immigration law; to limit, or otherwise make provision about, access to services, facilities and employment by reference to immigration status; to make provision about marriage and civil partnership involving certain foreign nationals; to make provision about the acquisition of citizenship by persons unable to acquire it because their fathers and mothers were not married to each other and provision about the removal of citizenship from persons whose conduct is seriously prejudicial to the United Kingdom's vital interests; and for connected purposes.

[14th May 2014]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1
Removal and other powers



Removal


1 Removal of persons unlawfully in the United Kingdom

For section 10 of the Immigration and Asylum Act 1999, substitute—

“10 Removal of persons unlawfully in the United Kingdom
(1) A person may be removed from the United Kingdom under the authority of the Secretary of State or an immigration officer 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 be or has been removed from the United Kingdom under subsection (1) , a member of P's family who meets the following three conditions may also be removed from the United Kingdom under the authority of the Secretary of State or an immigration officer, provided that the Secretary of State or immigration officer has given the family member written notice of the intention to remove him or her.
(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 neither a British citizen, nor is he or she entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972.
(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.
(7) For the purposes of removing a person from the United Kingdom under subsection (1) or (2) , 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 (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) ;
(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) paragraph 21 (temporary admission to UK of person liable to detention) ;
(i) paragraphs 22 to 25 (bail) ;
(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 subsection (2) ;
(b) the service of a notice under subsection (2).
(11) In this section “ child ” means a person who is under the age of 18.”
Annotations:

Commencement Information

I1 S. 1 in force at 20.10.2014 by S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))


2 Restriction on removal of children and their parents etc

After section 78 of the Nationality, Immigration and Asylum Act 2002, insert—

“78A Restriction on removal of children and their parents etc
(1) This section applies in a case where—
(a) a child is to be removed from or required to leave the United Kingdom, and
(b) an individual who—
(i) is a parent of the child or has care of the child, and
(ii) is living in a household in the United Kingdom with the child,
is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”).
(2) During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted—
(a) the child may not be removed from or required to leave the United Kingdom; and
(b) a relevant parent or carer may not be removed from or required to leave the United Kingdom if, as a result, no relevant parent or carer would remain in the United Kingdom.
(3) The relevant appeal rights are exhausted at the time when—
(a) neither the child, nor any relevant parent or carer, could bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission) , and
(b) no appeal brought by the child, or by any relevant parent or carer, is pending within the meaning of section 104.
(4) Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2) —
(a) the giving of a direction for the removal of a person from the United Kingdom,
(b) the making of a deportation order in respect of a person, or
(c) the taking of any other interim or preparatory action.
(5) In this section— “ child ” means a person who is aged under 18; references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.”
Annotations:

Commencement Information

I2 S. 2 in force at 28.7.2014 by S.I. 2014/1820, art. 3(a)


3 Independent Family Returns Panel

Before section 55 of the Borders, Citizenship and Immigration Act 2009, insert—

“54A Independent Family Returns Panel
(1) The Independent Family Returns Panel is established.
(2) The Secretary of State must consult the Independent Family Returns Panel—
(a) in each family returns case, on how best to safeguard and promote the welfare of the children of the family, and
(b) in each case where the Secretary of State proposes to detain a family in pre-departure accommodation, on the suitability of so doing, having particular regard to the need to safeguard and promote the welfare of the children of the family.
(3) A family returns case is a case where—
(a) a child who is living in the United Kingdom is to be removed from or required to leave the United Kingdom, and
(b) an individual who—
(i) is a parent of the child or has care of the child, and
(ii) is living in a household in the United Kingdom with the child,
is also to be removed from or required to leave the United Kingdom.
(4) The Secretary of State may by regulations make provision about—
(a) additional functions of the Independent Family Returns Panel,
(b) its status and constitution,
(c) the appointment of its members,
(d) the payment of remuneration and allowances to its members, and
(e) any other matters in connection with its establishment and operation.
(5) Regulations under this section must be made by statutory instrument.
(6) An instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section— “ child ” means a person who is under the age of 18; “ pre-departure accommodation ” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999; references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.”
Annotations:

Commencement Information

I3 S. 3 in force at 28.7.2014 by S.I. 2014/1820, art. 3(b)


Powers of immigration officers


4 Enforcement powers

Schedule 1 (enforcement powers) has effect.

Annotations:

Commencement Information

I4 S. 4 in force at 28.7.2014 by S.I. 2014/1820, art. 3(c)


Detention and bail


5 Restrictions on detention of unaccompanied children

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.

(2) In paragraph 16, after paragraph (2) insert—

“(2A) But the detention of an unaccompanied child under sub-paragraph (2) is subject to paragraph 18B.”
(3) In paragraph 18, after sub-paragraph (1) insert—

“(1A) But the detention of an unaccompanied child under paragraph 16(2) is subject to paragraph 18B.”
(4) After paragraph 18A (as inserted by paragraph 2 of Schedule 1) insert—
“18B (1) Where a person detained under paragraph 16(2) is an unaccompanied child, the only place where the child may be detained is a short-term holding facility, except where—
(a) the child is being transferred to or from a short-term holding facility, or
(b) sub-paragraph (3) of paragraph 18 applies.
(2) An unaccompanied child may be detained under paragraph 16(2) in a short-term holding facility for a maximum period of 24 hours, and only for so long as the following two conditions are met.
(3) The first condition is that—
(a) directions are in force that require the child to be removed from the short-term holding facility within the relevant 24 hour period, or
(b) a decision on whether or not to give directions is likely to result in such directions.
(4) The second condition is that the immigration officer under whose authority the child is being detained reasonably believes that the child will be removed from the short-term holding facility within the relevant 24 hour period in accordance with those directions.
(5) An unaccompanied child detained under paragraph 16(2) who has been removed from a short-term holding facility and detained elsewhere may be detained again in a short-term holding facility but only if, and for as long as, the relevant 24 hour period has not ended.
(6) An unaccompanied child who has been released following detention under paragraph 16(2) may be detained again in a short-term holding facility in accordance with this paragraph.
(7) In this paragraph— “ relevant 24 hour period ”, in relation to the detention of a child in a short-term holding facility, means the period of 24 hours starting when the child was detained (or, in a case falling within sub-paragraph (5) , first detained) in a short-term holding facility; “ short-term holding facility ” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999; “ unaccompanied child ” means a person— (a) who is under the age of 18, and (b) who is not accompanied (whilst in detention) by his or her parent or another individual who has care of him or her.”
Annotations:

Commencement Information

I5 S. 5 in force at 28.7.2014 by S.I. 2014/1820, art. 3(d)


6 Pre-departure accommodation for families

(1) Part 8 of the Immigration and Asylum Act 1999 (removal centres and detained persons) is amended as follows.

(2) In section 147 (interpretation) —

(a) after the definition of “custodial functions” insert—
““ detained children ” means detained persons who are under the age of 18;”;
(b) after the definition of “escort monitor” insert—
““ pre-departure accommodation ” means a place used solely for the detention of detained children and their families for a period of—
(a) not more than 72 hours, or
(b) not more than seven days in cases where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) ;”;
(c) in the definition of “removal centre”, after “facility,” insert “ pre-departure accommodation, ”;
(d) in the definition of “short-term holding facility”, at the end insert—
“but which is not pre-departure accommodation.”
(3) In section 155 (custodial functions and discipline) , in subsection (2) , at the end insert “ and in pre-departure accommodation ”.

(4) After section 157 insert—

“157A Pre-departure accommodation
(1) The following provisions of this Part apply to pre-departure accommodation as they apply to removal centres—
(a) section 149 (contracting out of certain removal centres) ;
(b) section 150 (contracting out functions at directly managed removal centres) ;
(c) section 151 (intervention by Secretary of State).
(2) In the application of those provisions to pre-departure accommodation—
(a) references to a removal centre contract are to be read as a contract made under section 149(1) for the provision or running of pre-departure accommodation;
(b) references to a contracted out removal centre are to be read as references to pre-departure accommodation in relation to which a contract under section 149(1) is in force;
(c) references to a directly managed removal centre are to be read as references to pre-departure accommodation in relation to which there is no contract under section 149(1) in force;
(d) references to removal centre rules are to be read as references to rules made under subsection (4).
(3) The Secretary of State may by regulations extend to pre-departure accommodation any other provision made by or under this Part in relation to removal centres.
(4) The Secretary of State may make rules for the regulation and management of pre-departure accommodation.”
Annotations:

Commencement Information

I6 S. 6 in force at 28.7.2014 by S.I. 2014/1820, art. 3(e)


7 Immigration bail: repeat applications and effect of removal directions

(1) Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.

(2) In paragraph 22 (bail) at the end insert—

“(4) A person must not be released on bail in accordance with this paragraph without the consent of the Secretary of State if—
(a) directions for the removal of the person from the United Kingdom are for the time being in force, and
(b) the directions require the person to be removed from the United Kingdom within the period of 14 days starting with the date of the decision on whether the person should be released on bail.”
(3) In paragraph 25—

(a) the existing paragraph is re-numbered as sub-paragraph (1) ;
(b) in that sub-paragraph, for “may” substitute “ must ”;
(c) after that sub-paragraph insert—
“(2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to release a person on bail under paragraph 22, the Tribunal is required to dismiss without a hearing any further application by the person for release on bail (whether under paragraph 22 or otherwise) that is made during the period of 28 days starting with the date of the Tribunal's decision, unless the person demonstrates to the Tribunal that there has been a material change in circumstances.”
(4) In paragraph 29 (grant of bail pending appeal) , in sub-paragraph (1) , at the end insert “ (and paragraph 22 does not apply) ”.

(5) In paragraph 30 (restrictions on grant of bail pending appeal) , in sub-paragraph (1) —

(a) after “if” insert “ — (a) ”;
(b) for “or the power to give such directions is for the time being exercisable” substitute “and
(b) the directions require the person to be removed from the United Kingdom within the period of 14 days starting with the date of the decision on whether the person should be released on bail.”
(6) After paragraph 33, insert—
“33A (1) Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal under paragraphs 29 to 33 and matters arising out of such applications.
(2) Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to release a person on bail under paragraph 29, the Tribunal is required to dismiss without a hearing any further application by the person for release on bail (whether under paragraph 29 or otherwise) that is made during the period of 28 days starting with the date of the Tribunal's decision, unless the person demonstrates to the Tribunal that there has been a material change in circumstances.”
Annotations:

Commencement Information

I7 S. 7(1)(2)(5) in force at 28.7.2014 by S.I. 2014/1820, art. 3(f)

I8 S. 7(3)(4)(6) in force at 20.10.2014 by S.I. 2014/2771, art. 4(a)


Biometrics


8 Provision of biometric information with immigration applications

(1) Section 126 of the Nationality, Immigration and Asylum Act 2002 (power to require provision of physical data with certain immigration applications) is amended as follows.

(2) In subsection (2) , after paragraph (c) insert—

“(d) a transit visa (within the meaning of section 41 of the Immigration and Asylum Act 1999) , or
(e) a document issued as evidence that a person who is not a national of an EEA state or Switzerland is entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972.”
(3) In subsection (4) , after paragraph (f) insert—

“(fa) provide for biometric information to be recorded on any document issued as a result of the application in relation to which the information was provided;”.
(4) In subsection (9) , after the definition of “code” insert—

““ document ” includes a card or sticker and any other method of recording information (whether in writing or by the use of electronic or other technology or by a combination of methods) ,”.
Annotations:

Commencement Information

I9 S. 8 in force at 28.7.2014 by S.I. 2014/1820, art. 3(g)


9 Identifying persons liable to detention

In paragraph 18(2) of Schedule 2 to the Immigration Act 1971 (power to take steps for identifying persons detained under paragraph 16 of that Schedule) after “detained” insert “ or liable to be detained ”.

Annotations:

Commencement Information

I10 S. 9 in force at 28.7.2014 by S.I. 2014/1820, art. 3(h)