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IMMIGRATION AND ASYLUM ACT 1999

UK Public General Acts

Version 07/10/2013

1999 CHAPTER 33

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


  • Part I. Immigration: General
    • Leave to enter, or remain in, the United Kingdom
    • Exemption from immigration control
    • Removal from the United Kingdom
    • Provision of financial security (P)
    • Information
    • Employment: code of practice
    • Monitoring entry clearance
    • Reporting suspicious marriages
    • Immigration control: facilities and charges
    • Charges: travel documents
    • Offences
  • Part II. Carriers’ Liability
    • Clandestine entrants
    • Passengers without proper documents
    • Interpretation
  • Part III. Bail
    • Routine bail hearings (P)
    • Procedure (P)
    • Bail hearings under other enactments
    • Grants (P)
  • Part IV. Appeals
    • The appellate authorities
    • Appeals
    • Leave to enter
    • Variation of limited leave to enter or remain
    • Deportation
    • Human rights
    • Directions for removal
    • Objection to destination
    • Asylum
    • Removal to safe countries
    • Miscellaneous
    • “One-stop procedure”
    • F89 Appeals without merit (P)
    • European Economic AreaEEA nationals
    • Grants
  • Part V. Immigration Advisers and Immigration Service Providers
    • Interpretation
    • The Immigration Services Commissioner
    • The general prohibition
    • Appeals to the First-tier Tribunal]
    • Enforcement
    • Miscellaneous
  • Part VI. Support for Asylum-Seekers
    • Interpretation
    • Provision of support
    • Support and assistance by local authorities etc.
    • Appeals
    • Offences
    • Expenditure
    • Exclusions
    • Miscellaneous
  • Part VII. Power To Arrest, Search and Fingerprint
    • Power to arrest
    • Power to search and arrest
    • Power to enter and search premises
    • Power to search persons
    • Seized material: access and copying
    • Search warrants
    • Detention
    • Fingerprinting
    • Codes of practice
    • Use of force
  • Part VIII. Detention Centres and Detained Persons
    • Interpretation
    • Detention centres
    • Custody and movement of detained persons
    • Miscellaneous
  • Part IX. Registrar’s Certificates: Procedure
  • Part X. Miscellaneous and Supplemental
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Introductory Text

Immigration and Asylum Act 1999

1999 CHAPTER 33

An Act to make provision about immigration and asylum; to make provision about procedures in connection with marriage on superintendent registrar’s certificate; and for connected purposes.

[11th November 1999]

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:—

Annotations:

Modifications etc. (not altering text)

C1 Act modified (2.10.2000) by S.I. 2000/2444, arts. 3, 4, Sch.

Act modified (1.9.2001) by 2001 c. 17, s. 32(7); S.I. 2001/2161, art. 2

C2 Act restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 54, Sch. 3 (with s. 159); S.I. 2002/2811, art. 2, Sch.

C3 Act: a reference to a detention centre within the meaning of Pt. 8 of the Immigration and Asylum Act 1999 (c. 33) to be construed as a reference to a removal centre within the meaning of that part (10.2.2003) by virtue of 2002 c. 41, ss. 66(4), 162(1)

C4 Act specified provisions extended (Jersey) (with modifications) (5.6.2003) by The Immigration and Asylum Act 1999 (Jersey) Order 2003 (S.I. 2003/1252), arts. 1(1), 2, Sch. (as amended (17.10.2012) by The Immigration and Asylum (Jersey) Order 2012 (S.I. 2012/2593), art. 4(2))

C5 Act specified provisions extended (Guernsey) (with modifications) (11.12.2003) by The Immigration and Asylum Act 1999 (Guernsey) Order 2003 (S.I. 2003/2900), art. 2, Sch.

C6 Act applied (with modifications) (1.4.2006) by Serious Organised Crime and Police Act 2005 (Application and Modification of Certain Enactments to Designated Staff of SOCA) Order 2006 (S.I. 2006/987), art. 7

C7 Act modified by S.I. 1994/1405, art. 7 (as amended (26.10.2006) by Channel Tunnel (Miscellaneous Provisions) (Amendment) Order 2006 (S.I. 2006/2627), art. 2)

C8 Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(c), Sch. 2

C9 Act applied (with modifications) (E.W.S.) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (amending S.I. was revoked (27.8.2010) by S.I. 2010/1906, reg. 2)

C10 Act extended (Isle of Man) in part (with modifications) (13.3.2008 for specified purposes, 1.5.2008 in so far as not already in force) by Immigration (Isle of Man) Order 2008 (S.I. 2008/680), art. 14, Sch. 6 (with art. 5, Sch. 2) (as amended (29.6.2011) by Immigration (Isle of Man) (Amendment) Order 2011 (S.I. 2011/1408), Sch. paras. 4, 5)


Part I
Immigration: General



Leave to enter, or remain in, the United Kingdom


1 Leave to enter.

In the 1971 Act, after section 3, insert—

“3A Further provision as to leave to enter.
(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.”

2 Leave to remain.

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

“3B Further provision as to leave to remain.
(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.”

3 Continuation of leave pending decision.

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

“3C Continuation of leave pending decision.
(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).”

4 [F1 Accommodation]

[F2 (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.
[F3 (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.
(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.]
[F4 (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.]

[F5 (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.]
Annotations:

Amendments (Textual)

F1 S. 4 heading substituted (7.11.2002) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 49(2) (with s. 159)

F2 S. 4 renumbered (7.11.2002) as s. 4(1) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 49(2) (with s. 159)

F3 S. 4(2)-(4) added (7.11.2002) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 49(1) (with s. 159)

F4 S. 4(5)-(9) added (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 10(1), 48(3) (with s. 10(6)(7)); S.I. 2004/2999, art. 2, Sch.

F5 S. 4(10)(11) added (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 43(7), 62(1)(2); S.I. 2006/1497, art. 3, Sch.

Modifications etc. (not altering text)

C11 S. 4 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 55 (with s. 159); S.I. 2002/2811, art. 2, Sch.

S. 4 restricted (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 51, 162(1) (with s. 159)


F6 5 Charges.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F6 S. 5 repealed (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), s. 62(1)(2), Sch. 2 para. 3, Sch. 3; S.I. 2007/1109, arts. 4, 5, Sch.


Exemption from immigration control


6 Members of missions other than diplomatic agents.

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.”

7 Persons ceasing to be exempt.

In the 1971 Act, after section 8, insert—

“8A Persons ceasing to be exempt.
(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.”

8 Persons excluded from the United Kingdom under international obligations.

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

“8B Persons excluded from the United Kingdom under international obligations.
(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


9 Treatment of certain overstayers.

(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.

10 Removal of certain persons unlawfully in the United Kingdom.

(1) A person who is not a British citizen may be removed from the United Kingdom, in accordance with directions given by an immigration officer, if—

(a) having only a limited leave to enter or remain, he does not observe a condition attached to the leave or remains beyond the time limited by the leave;
[F7 (b) he uses deception in seeking (whether successfully or not) leave to remain;]
[F8 (ba) his indefinite leave to enter or remain has been revoked under section 76(3) of the Nationality, Immigration and Asylum Act 2002 (person ceasing to be refugee) ;]
(c) directions F9 ... have been given for the removal, under this section, of a person (“the other person”) to whose family he belongs.
(2) Directions may not be given under subsection (1) (a) if the person concerned has made an application for leave to remain in accordance with regulations made under section 9.

[F10 (3) Directions for the removal of a person may not be given under subsection (1) (c) unless the Secretary of State has given the person written notice of the intention to remove him.

(4) A notice under subsection (3) may not be given if—

(a) the person whose removal under subsection (1) (a) or (b) is the cause of the proposed directions under subsection (1) (c) has left the United Kingdom, and
(b) more than eight weeks have elapsed since that person’s departure.
(5) If a notice under subsection (3) is sent by first class post to a person’s last known address, that subsection shall be taken to be satisfied at the end of the second day after the day of posting.

(5A) Directions for the removal of a person under subsection (1) (c) cease to have effect if he ceases to belong to the family of the person whose removal under subsection (1) (a) or (b) is the cause of the directions under subsection (1) (c).]

(6) Directions under this section—

(a) may be given only to persons falling within a prescribed class;
(b) may impose any requirements of a prescribed kind.
(7) In relation to any such directions, paragraphs 10, 11, 16 to 18, 21 and 22 to 24 of Schedule 2 to the 1971 Act (administrative provisions as to control of entry) , apply as they apply in relation to directions given under paragraph 8 of that Schedule.

[F11 (8) When a person is notified that a decision has been made to remove him in accordance with this section, the notification invalidates any leave to enter or remain in the United Kingdom previously given to him.]

(9) The costs of complying with a direction given under this section (so far as reasonably incurred) must be met by the Secretary of State.

[F12 (10) A person shall not be liable to removal from the United Kingdom under this section at a time when section 7(1) (b) of the Immigration Act 1971 (Commonwealth and Irish citizens ordinarily resident in United Kingdom) would prevent a decision to deport him.]

Annotations:

Amendments (Textual)

F7 S. 10(1)(b) substituted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 74, 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F8 S. 10(1)(ba) inserted (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 76(7), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F9 Words in s. 10(1)(c) repealed (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 73(3), 162(1), Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

F10 S. 10(3)-(5A) substituted for s. 10(3)-(5) (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 73(4), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F11 S. 10(8) substituted (16.6.2006) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 48, 62(1)(2); S.I. 2006/1497, art. 3, Sch.

F12 S. 10(10) added (10.2.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 75(4), 162(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

Modifications etc. (not altering text)

C12 S. 10 extended (14.12.2001) by 2001 c. 24, ss. 22(1)(2)(i)(3), 127(2)

C13 S. 10 restricted (2.10.2000) by S.I. 2000/2444, art. 3, Sch. 2 para. 1(2)

S. 10 applied (2.10.2000) by S.I. 2000/2326, regs. 9, 26(2)

S. 10 restricted (2.10.2000) by S.I. 2000/2326, reg. 34(2)(10) (with application as mentioned in regs. 9, 28 of the said S.I.)

C14 S. 10 excluded (14.3.2003) by Nationality, Immigration and Asylum Act 2002 (Commencement No.4) Order 2003 (S.I. 2003/754), Sch. 2 para. 6(2)

C15 S. 10 restricted by S.I. 2000/2326, reg. 32(2) (as substituted (1.4.2003) by The Immigration (European Economic Area) (Amendment) Regulations 2003 (S.I. 2003/549), regs. 1, 2(8) (with reg. 3(1)))

Commencement Information

I1 S. 10 wholly in force at 2.10.2000; s. 10 not in force at Royal Assent see s. 170(4); s. 10(6) in force at 22.5.2000 by S.I. 2000/1282, art. 2, Sch.; s. 10 in force so far as not already in force at 2.10.2000 by virtue of S.I. 2000/265, reg. 3 and S.I. 2000/2444, art. 2, Sch. 1 (subject to arts. 3, 4, Sch. 2)