IMMIGRATION ACT 1988 CHAPTER 14
UK Statutes Crown Copyright. Reproduced by
permission of the
Controller of Her Majesty's Stationery Office.
NOTES
An Act to make further provision for the
regulation of immigration into the United Kingdom; and for connected purposes.
[May 10, 1988]
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:--
UK ST 1988 c 14 (Refs & Annos)
s
1 Termination of saving in respect of Commonwealth citizens settled before 1973.
Section 1(5)
of the Immigration Act 1971 (in this Act referred to as "the principal Act") is
hereby repealed.
Notes:
S. 1 excluded by S.I. 1988/1133, art. 3
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 s 1
UK ST 1988 c 14 s 1
s
2 Restriction on exercise of right of abode in cases of polygamy.
(1) This section applies to any woman
who--
(a) has the right of abode in the
United Kingdom under section 2(1)(b) of the
principal Act as, or as having been, the wife of a man ("the
husband")--
(i) to whom she is or was
polygamously married; and
(ii) who is or was such a
citizen of the United Kingdom and Colonies, Commonwealth citizen or British
subject as is mentioned in section 2(2)(a) or (b) of
that Act as in force immediately before the commencement of the British
Nationality Act 1981; and
(b) has not before the coming into
force of this section and since her marriage to the husband been in the United
Kingdom.
(2) A woman to whom this section applies
shall not be entitled to enter the United Kingdom in the exercise of the right
of abode mentioned in subsection (1)(a) above or to be granted a certificate of
entitlement in respect of that right if there is another woman living (whether
or not one to whom this section applies) who is the wife or widow of the
husband and who--
(a) is, or at any time since her marriage
to the husband has been, in the United Kingdom; or
(b) has been granted a certificate of
entitlement in respect of the right of abode mentioned in subsection (1)(a)
above or an entry clearance to enter the United Kingdom as the wife of the
husband.
(3) So long as a woman is precluded by
subsection (2) above from entering the United Kingdom in the exercise of her
right of abode or being granted a certificate of entitlement in respect of that
right the principal Act shall apply to her as it applies to a person not having
a right of abode.
(4) Subsection (2) above shall not
preclude a woman from re-entering the United Kingdom if since her marriage to
the husband she has at any time previously been in the United Kingdom and there
was at that time no such other woman living as is mentioned in that subsection.
(5) Where a woman claims that this
section does not apply to her because she had been in the United Kingdom before
the coming into force of this section and since her marriage to the husband it
shall be for her to prove that fact.
(6) For the purposes of this section a
marriage may be polygamous although at its inception neither party has any
spouse additional to the other.
(7) For the purposes of subsections
(1)(b), (2)(a), (4) and (5) above there shall be disregarded presence in the
United Kingdom as a visitor or an illegal entrant and
presence in circumstances in which a person is deemed by section 11(1) of
the principal Act not to have entered the United Kingdom.
(8) In subsection (2)(b) above the
reference to a certificate of entitlement includes a reference to a certificate
treated as such a certificate by virtue of section
39(8) of the British Nationality Act 1981.
(9) No application by a woman for a
certificate of entitlement in respect of such a right of abode as is mentioned
in subsection (1)(a) above or for an entry clearance shall be granted if
another application for such a certificate or clearance is pending and that
application is made by a woman as the wife or widow of the same husband.
(10) For the purposes of subsection (9)
above an application shall be regarded as pending so long as it and any appeal
proceedings relating to it have not been finally determined. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
2.-- Restriction on exercise of right of
abode in cases of polygamy.
(1) This section applies to any woman
who--
(a) has the right of abode in the Isle
of Man under section 2(1)(b) of the principal Act as, or as having been, the
wife of a man ("the husband")--
(i) to whom she is or was polygamously
married; and
(ii) who is or was such a citizen of the
United Kingdom and Colonies, Commonwealth citizen or British subject as is
mentioned in section 2(2)(a) or (b) of that Act as in force immediately before
the commencement of the British Nationality Act 1981; and
(b) has not before the coming into force
of this section and since her marriage to the husband been in the Isle of Man.
(2) A woman to whom this section applies
shall not be entitled to enter the Isle of Man in the exercise of the right of
abode mentioned in subsection (1)(a) above or to be granted a certificate of
entitlement in respect of that right if there is another woman living (whether
or not one to whom this section applies) who is the wife or widow of the
husband and who--
(a) is, or at any time since her
marriage to the husband has been, in the Isle of Man; or
(b) has been granted a certificate of
entitlement in respect of the right of abode mentioned in subsection (1)(a)
above or an entry clearance to enter the Isle of Man as the wife of the
husband.
(3) So long as a woman is precluded by
subsection (2) above from entering the Isle of Man in the exercise of her right
of abode or being granted a certificate of entitlement in respect of that right
the principal Act shall apply to her as it applies to a person not having a
right of abode.
(4) Subsection (2) above shall not
preclude a woman from re-entering the Isle of Man if since her marriage to the
husband she has at any time previously been in the Isle of Man and there was at
that time no such other woman living as is mentioned in that subsection.
(5) Where a woman claims that this
section does not apply to her because she had been in the Isle of Man before the
coming into force of this section and since her marriage to the husband it
shall be for her to prove that fact.
(6) For the purposes of this section a
marriage may be polygamous although at its inception neither party has any
spouse additional to the other.
(7) For the purposes of subsections
(1)(b), (2)(a), (4) and (5) above there shall be disregarded presence in the
Isle of Man as a visitor or an illegal entrant and presence in circumstances in
which a person is deemed by section 11(1) of the principal Act not to have
entered the Isle of Man.
(8) In subsection (2)(b) above the
reference to a certificate of entitlement includes a reference to a certificate
treated as such a certificate by virtue of section 39(8) of the British
Nationality Act 1981.
(9) No application by a woman for a
certificate of entitlement in respect of such a right of abode as is mentioned
in subsection (1)(a) above or for an entry clearance shall be granted if
another application for such a certificate or clearance is pending and that
application is made by a woman as the wife or widow of the same husband.
(10) For the purposes of subsection (9)
above an application shall be regarded as pending so long as it has not been
finally determined.
(11) This section does not apply to a
woman who has made an application for a certificate of entitlement in respect
of the right of abode mentioned in subsection (1)(a) before 27th November 1991.
[FN2] In
relation to Jersey:
2.-- Restriction on exercise of right of
abode in cases of polygamy.
(1) This section applies to any woman
who--
(a) has the right of abode in the
Bailiwick of Jersey under section 2(1)(b) of the principal Act as, or as having
been, the wife of a man ("the husband")--
(i) to whom she is or was polygamously
married; and
(ii) who is or was such a citizen of the
United Kingdom and Colonies, Commonwealth citizen or British subject as is
mentioned in section 2(2)(a) or (b) of that Act as in force immediately before
the commencement of the British Nationality Act 1981; and
(b) has not before the coming into force
of this section and since her marriage to the husband been in the Bailiwick of
Jersey.
(2) A woman to whom this section applies
shall not be entitled to enter the Bailiwick of Jersey in the exercise of the
right of abode mentioned in subsection (1)(a) above or to be granted a
certificate of entitlement in respect of that right if there is another woman
living (whether or not one to whom this section applies) who is the wife or
widow of the husband and who--
(a) is, or at any time since her
marriage to the husband has been, in the Bailiwick of Jersey; or
(b) has been granted a certificate of
entitlement in respect of the right of abode mentioned in subsection (1)(a)
above or an entry clearance to enter the Bailiwick of Jersey as the wife of the
husband.
(3) So long as a woman is precluded by
subsection (2) above from entering the Bailiwick of Jersey in the exercise of
her right of abode or being granted a certificate of entitlement in respect of
that right the principal Act shall apply to her as it applies to a person not
having a right of abode.
(4) Subsection (2) above shall not
preclude a woman from re-entering the Bailiwick of Jersey if since her marriage
to the husband she has at any time previously been in the Bailiwick of Jersey
and there was at that time no such other woman living as is mentioned in that
subsection.
(5) Where a woman claims that this
section does not apply to her because she had been in the Bailiwick of Jersey
before the coming into force of this section and since her marriage to the
husband it shall be for her to prove that fact.
(6) For the purposes of this section a
marriage may be polygamous although at its inception neither party has any
spouse additional to the other.
(7) For the purposes of subsections
(1)(b), (2)(a), (4) and (5) above there shall be disregarded presence in the
Bailiwick of Jersey as a visitor or an illegal entrant and presence in
circumstances in which a person is deemed by section 11(1) of the principal Act
not to have entered the Bailiwick of Jersey.
(8) In subsection (2)(b) above the
reference to a certificate of entitlement includes a reference to a certificate
treated as such a certificate by virtue of section 39(8) of the British
Nationality Act 1981.
(9) No application by a woman for a
certificate of entitlement in respect of such a right of abode as is mentioned
in subsection (1)(a) above or for an entry clearance shall be granted if
another application for such a certificate or clearance is pending and that
application is made by a woman as the wife or widow of the same husband.
(10) For the purposes of subsection (9)
above an application shall be regarded as pending so long as it has not been
finally determined.
[FN3] In
relation to Guernsey:
2.-- Restriction on exercise of right of
abode in cases of polygamy.
(1) This section applies to any woman
who--
(a) has the right of abode in the
Bailiwick of Guernsey under section 2(1)(b) of the principal Act as, or as
having been, the wife of a man ("the husband")--
(i) to whom she is or was polygamously
married; and
(ii) who is or was such a citizen of the
United Kingdom and Colonies, Commonwealth citizen or British subject as is
mentioned in section 2(2)(a) or (b) of that Act as in force immediately before
the commencement of the British Nationality Act 1981; and
(b) has not before the coming into force
of this section and since her marriage to the husband been in the Bailiwick of
Guernsey.
(2) A woman to whom this section applies
shall not be entitled to enter the Bailiwick of Guernsey in the exercise of the
right of abode mentioned in subsection (1)(a) above or to be granted a
certificate of entitlement in respect of that right if there is another woman
living (whether or not one to whom this section applies) who is the wife or
widow of the husband and who--
(a) is, or at any time since her
marriage to the husband has been, in the Bailiwick of Guernsey; or
(b) has been granted a certificate of
entitlement in respect of the right of abode mentioned in subsection (1)(a)
above or an entry clearance to enter the Bailiwick of Guernsey as the wife of
the husband.
(3) So long as a woman is precluded by
subsection (2) above from entering the Bailiwick of Guernsey in the exercise of
her right of abode or being granted a certificate of entitlement in respect of
that right the principal Act shall apply to her as it applies to a person not
having a right of abode.
(4) Subsection (2) above shall not
preclude a woman from re-entering the Bailiwick of Guernsey if since her
marriage to the husband she has at any time previously been in the Bailiwick of
Guernsey and there was at that time no such other woman living as is mentioned
in that subsection.
(5) Where a woman claims that this
section does not apply to her because she had been in the Bailiwick of Guernsey
before the coming into force of this section and since her marriage to the
husband it shall be for her to prove that fact.
(6) For the purposes of this section a
marriage may be polygamous although at its inception neither party has any
spouse additional to the other.
(7) For the purposes of subsections
(1)(b), (2)(a), (4) and (5) above there shall be disregarded presence in the
Bailiwick of Guernsey as a visitor or an illegal entrant and presence in
circumstances in which a person is deemed by section 11(1) of the principal Act
not to have entered the Bailiwick of Guernsey.
(8) In subsection (2)(b) above the
reference to a certificate of entitlement includes a reference to a certificate
treated as such a certificate by virtue of section 39(8) of the British
Nationality Act 1981.
(9) No application by a woman for a
certificate of entitlement in respect of such a right of abode as is mentioned
in subsection (1)(a) above or for an entry clearance shall be granted if
another application for such a certificate or clearance is pending and that
application is made by a woman as the wife or widow of the same husband.
(10) For the purposes of subsection (9)
above an application shall be regarded as pending so long as it has not been
finally determined.
[FN4]
modified by SI 1993/1796 (Immigration (Guernsey)
Order), Sch 1 (III) Para 1
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1988 c 14 s 2
UK ST 1988 c 14 s 2
s
3 Proof of right of abode.
(1) For section
3(9) and (9A) of the principal Act
there shall be substituted--
"(9) A person seeking
to enter the United Kingdom and claiming to have the right of abode there shall
prove that he has that right by means of either--
(a)
a United Kingdom passport describing him as a British citizen or as a citizen
of the United Kingdom and Colonies having the right of abode in the United
Kingdom; or
(b)
a certificate of entitlement issued by or on behalf of the Government of the
United Kingdom certifying that he has such a right of abode."
(2) For the provisions of section 13(3) of that Act up to the end of paragraph (b) there shall be
substituted--
"(3) A person shall
not be entitled to appeal, on the ground that he has a right of abode in the
United Kingdom, against a decision that he requires leave to enter the United
Kingdom unless he holds such a passport or certificate as is mentioned in
section 3(9) above;".
(3) In section
2(2) of that Act for the words " sections 3(9) and (9A), 5(2) and
13(3)" there shall be substituted the words " section
5(2)", subsections (3) and (5) of section 39 of the British Nationality Act
1981 are hereby repealed and in subsection (8) of
that section for the words "as amended by this section" there
shall be substituted the words "as in force after commencement".[ [FN1]] [FN2]
[FN1] In
relation to the Isle of Man:
3.-- Proof of right of abode.
(1) For section 3(9) and (9A) of the
principal Act there shall be substituted--
"(9) A person seeking to enter the
United Kingdom and claiming to have the right of abode there shall prove that
he has that right by means of either--
(a) a United Kingdom passport describing
him as a British citizen or as a citizen of the United Kingdom and Colonies
having the right of abode in the United Kingdom; or
(b) a certificate of entitlement issued
by or on behalf of the Government of the United Kingdom certifying that he has
such a right of abode."
(2) For the provisions of section 13(3)
of that Act up to the end of
paragraph (b) there shall be substituted--
"(3) A person shall not be entitled
to appeal, on the ground that he has a right of abode in the United Kingdom, against
a decision that he requires leave to enter the United Kingdom unless he holds
such a passport or certificate as is mentioned in section 3(9) above;".
(3) In section 2(2) of that Act for the
words " sections 3(9) and (9A), 5(2) and 13(3)" there shall be
substituted the words " section 5(2)", subsection (3) of section 39 of the British Nationality Act
1981 are hereby repealed and in subsection (8) of that section for the words
"as amended by this section" there shall be substituted the words
"as in force after commencement".
[FN2]
words substituted by SI 1991/2630 (Immigration (Isle
of Man) Order), Sch 2 Para 1
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1988 c 14 s 3
UK ST 1988 c 14 s 3
s
4 Members of diplomatic missions.
At the beginning of subsection (3) of section 8 of the principal Act (exemption from immigration control for
members of diplomatic missions etc.) there shall be inserted the words
"Subject to subsection (3A) below," and after that subsection there
shall be inserted--
"(3A) In the case of a
member of a mission other than a diplomatic agent (within the meaning of the said Act of 1964) subsection (3)
above shall apply only if he enters or has entered the United Kingdom--
(a)
as a member of that mission; or
(b)
in order to take up a post as such a member which was offered to him before his
arrival;
and references in that
subsection to a member of a mission shall be construed accordingly."
Notes:
S. 4 excluded by S.I. 1988/1133, art. 3
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 s 4
UK ST 1988 c 14 s 4
s
5
[...] [FN1]
[FN1]
repealed by Immigration and Asylum Act (1999 c.33),
Sch 16 Para 1
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 s 5
UK ST 1988 c 14 s 5
s
6 Knowingly overstaying limited leave.
(1) After subsection
(1) of section 24 of the principal Act (illegal entry and similar
offences) there shall be inserted--
"(1A) A person commits
an offence under subsection (1)(b)(i) above on the day when he first knows that
the time limited by his leave has expired and continues to commit it throughout
any period during which he is in the United Kingdom thereafter; but a person
shall not be prosecuted under that provision more than once in respect of the
same limited leave."
(2) In subsection
(3) of that section (extension of time limit for prosecutions) for the
words " subsection (1)(a), (b)(i) and (c)" there shall be substituted
the words " subsection (1)(a) and (c)".
(3) These amendments do not apply in
relation to a person whose leave has expired before the coming into force of
this section.
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1988 c 14 s 6
UK ST 1988 c 14 s 6
s
7 Persons exercising Community rights and nationals of member States.
(1) A person shall not under the
principal Act require leave to enter or remain in the United Kingdom in any
case in which he is entitled to do so by virtue of an enforceable Community
right or of any provision made under section 2(2) of
the European Communities Act 1972.
(2) The Secretary of State may by order
made by statutory instrument give leave to enter the United Kingdom for a
limited period to any class of persons who are nationals of member States but
who are not entitled to enter the United Kingdom as mentioned in subsection (1)
above; and any such order may give leave subject to such conditions as may be
imposed by the order.
(3) References in the principal Act to
limited leave shall include references to leave given by an order under
subsection (2) above and a person having leave by virtue of such an order shall
be treated as having been given that leave by a notice given to him by an
immigration officer within the period specified in paragraph
6(1) of Schedule 2 to that Act. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
7.-- Persons exercising Community rights
and nationals of member States.
(1) A person shall not under the
principal Act require leave to enter or remain in the Isle of Man where he is
entitled to enter or remain in the United Kingdom by virtue of an enforceable
Community right or of any provision made under section 2(2) of the European
Communities Act 1972.
(2) The Lieutenant-Governor may by order
give leave to enter the Isle of Man for a limited period to any class of
persons who are nationals of member States but who are not entitled to enter
the United Kingdom as mentioned in subsection (1) above; and any such order may
give leave subject to such conditions as may be imposed by the order.
(3) References in the principal Act to
limited leave shall include references to leave given by an order under
subsection (2) above and a person having leave by virtue of such an order shall
be treated as having been given that leave by a notice given to him by an
immigration officer within the period specified in paragraph 6(1) of Schedule 2
to that Act.
[FN2] In
relation to Jersey:
7.-- Persons exercising Community rights
and nationals of member States.
(1) A person shall not under the
principal Act require leave to enter or remain in the Bailiwick of Jersey in
circumstances in which he would be entitled to enter or remain in the United
Kingdom by virtue of an enforceable Community right or of any provision made
under section 2(2) of the European Communities Act 1972.
(2) The Lieutenant-Governor may by
directions give leave to enter the Bailiwick of Jersey for a limited period to
any class of persons who are nationals of member States but who would not be
entitled to enter the United Kingdom as mentioned in subsection (1) above; and
any such order may give leave subject to such conditions as may be imposed by
the order.
(3) References in the principal Act to
limited leave shall include references to leave given by directions under
subsection (2) above and a person having leave by virtue of such directions
shall be treated as having been given that leave by a notice given to him by an
immigration officer within the period specified in paragraph 6(1) of Schedule 2
to that Act.
[FN3] In
relation to Guernsey:
7.-- Persons exercising Community rights
and nationals of member States.
(1) A person shall not under the
principal Act require leave to enter or remain in the Bailiwick of Guernsey in
circumstances in which he would be entitled to enter or remain in the United
Kingdom by virtue of an enforceable Community right or of any provision made
under section 2(2) of the European Communities Act 1972.
(2) The Board with the concurrence of
the Lieutenant-Governor may by order give leave to enter the Bailiwick of
Guernsey for a limited period to any class of persons who are nationals of
member States but who would not be entitled to enter the United Kingdom as
mentioned in subsection (1) above; and any such order may give leave subject to
such conditions as may be imposed by the order.
(3) References in the principal Act to
limited leave shall include references to leave given by an order under subsection
(2) above and a person having leave by virtue of such an order shall be treated
as having been given that leave by a notice given to him by an immigration
officer within the period specified in paragraph 6(1) of Schedule 2 to that
Act.
[FN4]
modified by SI 1993/1796 (Immigration (Guernsey)
Order), Sch 1 (III) Para 2
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 s 7
UK ST 1988 c 14 s 7
s
8 Examination of passengers prior to arrival.
(1) This section applies to a person who
arrives in the United Kingdom with a passport or other travel document bearing
a stamp which--
(a) has been placed there by an
immigration officer before that person's departure on his journey to the United
Kingdom or in the course of that journey; and
(b) states that the person may enter
the United Kingdom either for an indefinite or a limited period and, if for a
limited period, subject to specified conditions.
(2) A person to whom this section
applies shall for the purposes of the principal Act be deemed to have been
given on arrival in the United Kingdom indefinite or, as the case may be,
limited leave in terms corresponding to those of the stamp.
(3) A person who is deemed to have leave
by virtue of this section shall be treated as having been given it by a notice
given to him by an immigration officer within the period specified in paragraph 6(1) of Schedule 2 to the principal
Act.
(4) A person deemed to have leave by virtue of this section shall not on his
arrival in the United Kingdom be subject to examination under paragraph 2 of
Schedule 2 to the principal Act but may be examined by an immigration officer
for the purpose of establishing that he is such a person.
(5) The leave which a person is deemed
to have by virtue of this section may, at any time before the end of the period
of twenty-four hours from his arrival at the port at which he seeks to enter
the United Kingdom or, if he has been examined under subsection (4) above, from
the conclusion of that examination, be cancelled by
an immigration officer by giving him a notice in writing refusing him leave to
enter.
(6) Sub-paragraphs
(3) and (4) of paragraph 6 of Schedule 2 to the principal Act shall have effect
as if any notice under subsection (5) above were a notice under that paragraph.
(7) References in this section to a
person's arrival in the United Kingdom are to the first occasion on which he
arrives after the time when the stamp in question was placed in his passport or
travel document, being an occasion not later than seven days after that time.[ [FN1] [FN2] [FN3]] [FN4]
[...] [FN5]
[FN1] In
relation to the Isle of Man:
8.-- Examination of passengers prior to
arrival.
(1) This section applies to a person who
arrives in the Isle of Man with a passport or other travel document bearing a
stamp which--
(a) has been placed there by an
immigration officer before that person's departure on his journey to the Isle
of Man or in the course of that journey; and
(b) states that the person may enter the
Isle of Man either for an indefinite or a limited period and, if for a limited
period, subject to specified conditions.
(2) A person to whom this section
applies shall for the purposes of the principal Act be deemed to have been
given on arrival in the Isle of Man indefinite or, as the case may be, limited
leave in terms corresponding to those of the stamp.
(3) A person who is deemed to have leave
by virtue of this section shall be treated as having been given it by a notice
given to him by an immigration officer within the period specified in paragraph
6(1) of Schedule 2 to the principal Act.
(4) A person deemed to have leave by
virtue of this section shall not on his arrival in the Isle of Man be subject
to examination under paragraph 2 of Schedule 2 to the principal Act but may be
examined by an immigration officer for the purpose of establishing that he is
such a person.
(5) The leave which a person is deemed
to have by virtue of this section may, at any time before the end of the period
of twenty-four hours from his arrival at the port at which he seeks to enter
the Isle of Man or, if he has been examined under subsection (4) above, from
the conclusion of that examination, be cancelled by an immigration officer by
giving him a notice in writing refusing him leave to enter.
(6) Sub-paragraphs (3) and (4) of
paragraph 6 of Schedule 2 to the principal Act shall have effect as if any
notice under subsection (5) above were a notice under that paragraph.
(7) References in this section to a person's
arrival in the Isle of Man are to the first occasion on which he arrives after
the time when the stamp in question was placed in his passport or travel
document, being an occasion not later than seven days after that time.
(8) The reference in this section to the
port at which a persons seeks to enter the Isle of Man includes the terminal
area in the tunnel system at Cheriton, Folkestone and the service and
maintenance area at the Old Dover Colliery site referred to in section 1(7)(b)
and (c) of the Channel Tunnel Act 1987.
[FN2] In
relation to Jersey:
8.-- Examination of passengers prior to
arrival.
(1) This section applies to a person who
arrives in the Bailiwick of Jersey with a passport or other travel document
bearing a stamp which--
(a) has been placed there by an
immigration officer before that person's departure on his journey to the
Bailiwick of Jersey or in the course of that journey; and
(b) states that the person may enter the
Bailiwick of Jersey either for an indefinite or a limited period and, if for a
limited period, subject to specified conditions.
(2) A person to whom this section
applies shall for the purposes of the principal Act be deemed to have been
given on arrival in the Bailiwick of Jersey indefinite or, as the case may be,
limited leave in terms corresponding to those of the stamp.
(3) A person who is deemed to have leave
by virtue of this section shall be treated as having been given it by a notice
given to him by an immigration officer within the period specified in paragraph
6(1) of Schedule 2 to the principal Act.
(4) A person deemed to have leave by
virtue of this section shall not on his arrival in the Bailiwick of Jersey be
subject to examination under paragraph 2 of Schedule 2 to the principal Act but
may be examined by an immigration officer for the purpose of establishing that
he is such a person.
(5) The leave which a person is deemed
to have by virtue of this section may, at any time before the end of the period
of twenty-four hours from his arrival at the port at which he seeks to enter
the Bailiwick of Jersey or, if he has been examined under subsection (4) above,
from the conclusion of that examination, be cancelled by an immigration officer
by giving him a notice in writing refusing him leave to enter.
(6) Sub-paragraphs (3) and (4) of
paragraph 6 of Schedule 2 to the principal Act shall have effect as if any
notice under subsection (5) above were a notice under that paragraph.
(7) References in this section to a
person's arrival in the Bailiwick of Jersey are to the first occasion on which
he arrives after the time when the stamp in question was placed in his passport
or travel document, being an occasion not later than seven days after that
time.
[FN3] In
relation to Guernsey:
8.-- Examination of passengers prior to
arrival.
(1) This section applies to a person who
arrives in the Bailiwick of Guernsey with a passport or other travel document
bearing a stamp which--
(a) has been placed there by an
immigration officer before that person's departure on his journey to the
Bailiwick of Guernsey or in the course of that journey; and
(b) states that the person may enter the
Bailiwick of Guernsey either for an indefinite or a limited period and, if for
a limited period, subject to specified conditions.
(2) A person to whom this section
applies shall for the purposes of the principal Act be deemed to have been
given on arrival in the Bailiwick of Guernsey indefinite or, as the case may
be, limited leave in terms corresponding to those of the stamp.
(3) A person who is deemed to have leave
by virtue of this section shall be treated as having been given it by a notice
given to him by an immigration officer within the period specified in paragraph
6(1) of Schedule 2 to the principal Act.
(4) A person deemed to have leave by
virtue of this section shall not on his arrival in the Bailiwick of Guernsey be
subject to examination under paragraph 2 of Schedule 2 to the principal Act but
may be examined by an immigration officer for the purpose of establishing that
he is such a person.
(5) The leave which a person is deemed
to have by virtue of this section may, at any time before the end of the period
of twenty-four hours from his arrival at the port at which he seeks to enter
the Bailiwick of Guernsey or, if he has been examined under subsection (4)
above, from the conclusion of that examination, be cancelled by an immigration
officer by giving him a notice in writing refusing him leave to enter.
(6) Sub-paragraphs (3) and (4) of
paragraph 6 of Schedule 2 to the principal Act shall have effect as if any
notice under subsection (5) above were a notice under that paragraph.
(7) References in this section to a
person's arrival in the Bailiwick of Guernsey are to the first occasion on
which he arrives after the time when the stamp in question was placed in his
passport or travel document, being an occasion not later than seven days after
that time.
[FN4] repealed by SI 1993/1813 (Channel Tunnel (International
Arrangements) Order), Sch 6 (I) Para 1
[FN5]
repealed by SI 1993/1813 (Channel Tunnel
(International Arrangements) Order), Sch 6 (I) Para 1
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF ST 1988 c 14 s 8
UK ST 1988 c 14 s 8
s
9
[...] [FN1]
[FN1] repealed by
Immigration and Asylum Act (1999 c.33), Sch 16 Para 1
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1988 c 14 s 9
UK ST 1988 c 14 s 9
s
10 Miscellaneous minor amendments.
The principal Act shall have effect with
the amendments specified in the Schedule to this Act.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 s 10
UK ST 1988 c 14 s 10
s
11 Expenses and receipts.
(1) There shall be paid out of money provided
by Parliament any expenses incurred by the Secretary of State in consequence of
this Act.
(2) Any sums received by the Secretary
of State by virtue of this Act shall be paid into the Consolidated Fund. [FN1] [ [FN2]] [FN3]
[FN1] In
relation to the Isle of Man:
11.-- Expenses and receipts.
(1) There shall be paid out of money
provided by Tynwald any expenses incurred by the Lieutenant-Governor in
consequence of this Act.
(2) Any sums received by the
Lieutenant-Governor by virtue of this Act shall be paid into the General
Revenue of the Isle of Man.
[FN2] In
relation to Jersey:
11.-- Expenses and receipts.
(2) Any sums received by the Committee
by virtue of this Act shall be paid to the Treasurer of the States and credited
to the Annual Income of the States.
[FN3]
modified by SI 1993/1797 (Immigration (Jersey)
Order), Sch 1 (III) Para 5
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 s 11
UK ST 1988 c 14 s 11
s
12 Short title, interpretation, commencement and extent.
(1) This Act may be cited as the
Immigration Act 1988.
(2) In this Act "the principal
Act" means the Immigration Act 1971 and any expression which is also used
in that Act has the same meaning as in that Act.
(3) Except as provided in subsection (4)
below this Act shall come into force at the end of the period of two months
beginning with the day on which it is passed.
(4) Sections 1, 2, 3,
4, 5 and 7(1) and paragraph 1 of the Schedule shall come into force on such day
as may be appointed by the Secretary of State by an order made by statutory
instrument; and such an order may appoint different days for different
provisions and contain such transitional provisions and savings as the
Secretary of State thinks necessary or expedient in connection with any
provision brought into force.
(5) This Act extends
to Northern Ireland and section 36 of the principal Act (power to extend any of its
provisions to the Channel Islands or the Isle of Man) shall apply also to the
provisions of this Act. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
12.-- Short title, interpretation,
commencement and extent.
(1) This Act may be cited as the
Immigration Act 1988.
(2) In this Act "the principal
Act" means the Immigration Act 1971 and any expression which is also used
in that Act has the same meaning as in that Act.
(3) Except as provided in subsection (4)
below this Act shall come into force on 27th November 1991.
(4) Section 7(1) shall come into force on
the day when the corresponding provision of the Immigration Act 1988 is brought
into force by an order under section 12(4) of that Act.
(5) The reference in subsection (4) to
the Immigration Act 1988 is a reference to that Act as it has effect in the
United Kingdom.
[FN2] In
relation to Jersey:
12.-- Short title, interpretation,
commencement and extent.
(1) This Act may be cited as the
Immigration Act 1988.
(2) In this Act "the principal
Act" means the Immigration Act 1971 and any expression which is also used
in that Act has the same meaning as in that Act.
(3) This Act shall come into force on
1st August 1993.
[FN3] In
relation to Guernsey:
12.-- Short title, interpretation,
commencement and extent.
(1) This Act may be cited as the
Immigration Act 1988.
(2) In this Act "the principal
Act" means the Immigration Act 1971 and any expression which is also used
in that Act has the same meaning as in that Act.
(3) This Act shall come into force on
1st August 1993.
[FN4]
subsection (3) substituted for subsections (3) to (5) by
SI 1993/1796 (Immigration (Guernsey) Order), Sch 1 (III) Para 5
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 s 12
UK ST 1988 c 14 s 12
IMMIGRATION ACT 1988 CHAPTER 14
SCHEDULE 1 MINOR AMENDMENTS
LIMITATION AND CONDITIONS ON LEAVE TO BE
APPLICABLE ALSO TO SUBSEQUENT LEAVE
GRANTED AFTER ABSENCE WITHIN PERIOD OF
EARLIER LEAVE
UK Statutes Crown Copyright. Reproduced by
permission of the
Controller of Her Majesty's Stationery Office.
In-force date: May 16, 1991 (see Analysis Tab
for Commencement Information)
Para
1
In section 3(3)(b)
for the words
"may be imposed (whether originally or on a variation) so that they
will" there shall be substituted the words "(whether imposed
originally or on a variation) shall".
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 1
UK ST 1988 c 14 Sch 1 Para 1
Para
2
In section
5(6) for "3(5)(c)" there shall be substituted "3(5)".
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 2
UK ST 1988 c 14 Sch 1 Para 2
Para
3
At the end of section
14 there shall be inserted--
"(5) Where a deportation
order is made against a person any pending appeal by that person under
subsection (1) above shall lapse."
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 3
UK ST 1988 c 14 Sch 1 Para 3
Para
4
In section 28(1)(a)
for the
words "a chief officer of police" there shall be substituted the
words "an officer of police above the rank of chief superintendent"
and for the words "his police force" there shall be substituted the
words "the police force to which he belongs".
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 4
UK ST 1988 c 14 Sch 1 Para 4
Para
5
In section 33(1), in
the definition of "entry clearance", after the word "evidence" there shall be
inserted the words "or the requisite evidence".
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 5
UK ST 1988 c 14 Sch 1 Para 5
Para
6
(1) After paragraph
4(2) of Schedule 2 there shall be inserted--
"(2A) An immigration
officer may detain any passport or other document produced pursuant to
sub-paragraph (2)(a) above until the person concerned is given leave to enter
the United Kingdom or is about to depart or be removed following refusal of
leave."
(2) This amendment
does not apply in relation to any person whose examination under paragraph 2 or
3 of Schedule 2
began before the coming into force of this paragraph.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 6
UK ST 1988 c 14 Sch 1 Para 6
Para
7
(1) In paragraph
6(1) and (2) of Schedule 2 for the words "twelve hours", wherever
they occur, there shall be substituted the words "twenty-four hours".
(2) This amendment does not apply in
relation to any person whose examination under
paragraph 2 began before the coming into force of this paragraph.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 7
UK ST 1988 c 14 Sch 1 Para 7
Para
8
(1) In
paragraph 6(1) of Schedule 2 for the words "indefinite leave to enter the
United Kingdom" there shall be substituted the words "leave to
enter the United Kingdom for a period of six months subject to a condition
prohibiting his taking employment".
(2) In
paragraph 6(3) of Schedule 2 for the words from "the immigration officer
may" onwards there shall be substituted the words "and the
immigration officer does not at the same time give him indefinite or limited
leave to enter, he shall be deemed to have been given leave to enter for a
period of six months subject to a condition prohibiting his taking employment
and the immigration officer shall as soon as may be give him written notice of
that leave."
(3) The amendment in sub-paragraph (1)
above does not apply in relation to any person in whose case the time-limit in paragraph 6(1) of Schedule 2 has expired before
the coming into force of this paragraph; and the amendment in sub-paragraph (2)
above does not apply in relation to a person given a notice of
cancellation under paragraph 6(3) of Schedule 2
before the coming into force of this paragraph.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF ST 1988 c 14 Sch 1 Para 8
UK ST 1988 c 14 Sch 1 Para 8
Para
9
(1) At the end of
paragraph 8(2) of Schedule 2 there shall be inserted the words "except
that directions may be given under sub-paragraph (1)(b) or (c) after the end of that period if
the immigration officer has within that period given written notice to the
owners or agents in question of his intention to give directions to them in
respect of that person".
(2) In paragraph
10(1)(b) of Schedule 2 for the words "but that the time limited by
paragraph 8(2) has passed" there shall be substituted the words "but
that the requirements of paragraph 8(2) have not been complied with".
(3) In paragraph
28(4) of Schedule 2 after the words "directions under that paragraph for
the removal of a person from the United Kingdom" there shall be inserted the words
"and for the giving of a notice of intention to give such directions".
(4) These amendments do not apply in
relation to any person refused leave to enter the United Kingdom before the
coming into force of this paragraph. [ [FN1]] [FN2]
[FN1] In
relation to the Isle of Man:
9.--
(1) At the end of paragraph 8(2) of
Schedule 2 there shall be inserted the words "except that directions may
be given under sub-paragraph (1)(b)
or (c) after the end of that period if the immigration officer has
within that period given written notice to the owners or agents in question of
his intention to give directions to them in respect of that person".
(2) In paragraph 10(1)(b) of Schedule 2
for the words "but that the time limited by paragraph 8(2) has
passed" there shall be substituted the words "but that the
requirements of paragraph 8(2) have not been complied with".
(3) In paragraph 28(4) of Schedule 2
after the words "directions under that paragraph for the removal of a
person from the United Kingdom" there shall be inserted the words
"and for the giving of a notice of intention to give such
directions".
(4) These amendments do not apply in
relation to any person refused leave to enter the Isle of Man before the coming
into force of this paragraph.
[FN2]
words substituted by SI 1991/2630 (Immigration (Isle
of Man) Order), Sch 2 Para 1
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF ST 1988 c 14 Sch 1 Para 9
UK ST 1988 c 14 Sch 1 Para 9
Para
10
(1) In paragraph
21(2) of Schedule 2 after the words "as to residence" there shall be
inserted the words ", as to his employment or occupation".
(2) In paragraphs
2(5) and 4 of Schedule 3 after the words "as to residence" there shall
be inserted the words ", as to his employment or occupation".
(3) In section
24(1)(e) after the words "as to residence" there shall be
inserted the words ", as to his employment or occupation".
(4) These amendments apply in relation
to persons granted temporary admission or released from detention under paragraph 21 of Schedule 2, becoming liable to
detention under paragraph 2(2) or (3) of Schedule 3,
or directed to be released as mentioned in paragraph
4 of that Schedule, as the case may be, before as well as after the coming into
force of this paragraph.
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1988 c 14 Sch 1 Para 10
UK ST 1988 c 14 Sch 1 Para 10
NOTES
An Act to amend and replace the present
immigration laws, to make certain related changes in the citizenship law and
enable help to be given to those wishing to return abroad, and for purposes
connected therewith.
[October 28, 1971]
Notes:
Act amended by Immigration Act 1988
(c.14), s. 7(3)
UK ST 1971 c 77 (Refs & Annos)
s
1 General principles.
(1) All those who are in this Act
expressed to have the right of abode in the United Kingdom shall be free to
live in, and to come and go into and from, the United Kingdom without let or
hindrance except such as may be required under and in accordance with this Act
to enable their right to be established or as may be otherwise lawfully imposed
on any person.
(2) Those not having that right may
live, work and settle in the United Kingdom by permission and subject to such
regulation and control of their entry into, stay in and departure from the
United Kingdom as is imposed by this Act; and indefinite leave to enter or
remain in the United Kingdom shall, by virtue of this provision, be treated as
having been given under this Act to those in the United Kingdom at its coming
into force, if they are then settled there (and not exempt under this Act from
the provisions relating to leave to enter or remain).
(3) Arrival in and departure from the
United Kingdom on a local journey from or to any of the Islands (that is to
say, the Channel Islands and Isle of Man) or the Republic of Ireland shall not
be subject to control under this Act, nor shall a person require leave to enter
the United Kingdom on so arriving, except in so far as any of those places is
for any purpose excluded from this subsection under the powers conferred by
this Act; and in this Act the United Kingdom and those places, or such of them
as are not so excluded, are collectively referred to as "the common travel
area".
(4) The rules laid down by the Secretary
of State as to the practice to be followed in the administration of this Act
for regulating the entry into and stay in the United Kingdom of persons not
having the right of abode shall include provision for admitting (in such cases
and subject to such restrictions as may be provided by the rules, and subject
or not to conditions as to length of stay or otherwise) persons coming for the
purpose of taking employment, or for purposes of study, or as visitors, or as
dependants of persons lawfully in or entering the United Kingdom. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
1.-- General principles.
(1) All those who are in this Act
expressed to have the right of abode in the Isle of Man shall be free to live
in, and to come and go into and from, the Isle of Man without let or hindrance
except such as may be required under and in accordance with this Act to enable
their right to be established or as may be otherwise lawfully imposed on any
person.
(2) Those not having that right may
live, work and settle in the Isle of Man by permission and subject to such
regulation and control of their entry into, stay in and departure from the Isle
of Man as is imposed by this Act; and indefinite leave to enter or remain in
the Isle of Man shall, by virtue of this provision, be treated as having been
given under this Act to those in the Isle of Man at its coming into force, if
they are then settled there (and not exempt under this Act from the provisions
relating to leave to enter or remain).
(3) Arrival in and departure from the
Isle of Man on a local journey from or to any of the Islands (that is to say,
the Channel Islands and Isle of Man) or the Republic of Ireland shall not be
subject to control under this Act, nor shall a person require leave to enter
the Isle of Man on so arriving, except in so far as any of those places is for
any purpose excluded from this subsection under the powers conferred by this
Act; and in this Act the Isle of Man and those places, or such of them as are
not so excluded, are collectively referred to as "the common travel
area".
(4) The rules laid down by the Secretary
of State as to the practice to be followed in the administration of this Act
for regulating the entry into and stay in the Isle of Man of persons not having
the right of abode shall include provision for admitting (in such cases and
subject to such restrictions as may be provided by the rules, and subject or
not to conditions as to length of stay or otherwise) persons coming for the
purpose of taking employment, or for purposes of study, or as visitors, or as
dependants of persons lawfully in or entering the Isle of Man.
[FN2] In
relation to Jersey:
1.-- General principles.
(1) All those who are in this Act
expressed to have the right of abode in the Bailiwick of Jersey shall be free
to live in, and to come and go into and from, the Bailiwick of Jersey without
let or hindrance except such as may be required under and in accordance with
this Act to enable their right to be established or as may be otherwise
lawfully imposed on any person.
(2) Those not having that right may
live, work and settle in the Bailiwick of Jersey by permission and subject to
such regulation and control of their entry into, stay in and departure from the
Bailiwick of Jersey as is imposed by this Act; and indefinite leave to enter or
remain in the Bailiwick of Jersey shall, by virtue of this provision, be
treated as having been given under this Act to those in the Bailiwick of Jersey
at its coming into force, if they are then settled there (and not exempt under
this Act from the provisions relating to leave to enter or remain).
(3) Arrival in and departure from the
Bailiwick of Jersey on a local journey from or to the United Kingdom, the
Bailiwick of Guernsey, the Isle of Man or the Republic of Ireland shall not be subject
to control under this Act, nor shall a person require leave to enter the
Bailiwick of Jersey on so arriving, except in so far as any of those places is
for any purpose excluded from this subsection under the powers conferred by
this Act; and in this Act the Bailiwick of Jersey and those places, or such of
them as are not so excluded, are collectively referred to as "the common
travel area".
(4) The Committee may make rules as to
the practice to be followed in the administration of this Act for regulating
the taking of employment by persons not having the right of abode who are given
leave to enter the Bailiwick and the Subordinate Legislation (Jersey) Law 1960
shall apply to such rules.
(4A) The Lieutenant-Governor shall give
directions as to the practice to be followed in the administration of this Act
for regulating the entry into and stay in the Bailiwick of persons not having
the right of abode and such directions shall include provision for admitting
(in such cases and subject to such restrictions as may be provided by the
directions and subject or not to conditions as to length of stay or otherwise)
persons coming for the purpose of taking employment, or for the purposes of
study, or as visitors, or as dependants of persons lawfully in or entering the
Bailiwick.
[FN3] In
relation to Guernsey:
1.-- General principles.
(1) All those who are in this Act
expressed to have the right of abode in the Bailiwick of Guernsey shall be free
to live in, and to come and go into and from, the Bailiwick of Guernsey without
let or hindrance except such as may be required under and in accordance with
this Act to enable their right to be established or as may be otherwise
lawfully imposed on any person.
(2) Those not having that right may
live, work and settle in the Bailiwick of Guernsey by permission and subject to
such regulation and control of their entry into, stay in and departure from the
Bailiwick of Guernsey as is imposed by this Act; and indefinite leave to enter
or remain in the Bailiwick of Guernsey shall, by virtue of this provision, be
treated as having been given under this Act to those in the Bailiwick of
Guernsey at its coming into force, if they are then settled there (and not
exempt under this Act from the provisions relating to leave to enter or
remain).
(3) Arrival in and departure from the
Bailiwick of Guernsey on a local journey from or to the United Kingdom, the
Bailiwick of Jersey, the Isle of Man or the Republic of Ireland shall not be
subject to control under this Act, nor shall a person require leave to enter
the Bailiwick of Guernsey on so arriving, except in so far as any of those
places is for any purpose excluded from this subsection under the powers
conferred by this Act; and in this Act the Bailiwick of Guernsey and those
places, or such of them as are not so excluded, are collectively referred to as
"the common travel area".
(4) The rules made by the Board as to
the practice to be followed in the administration of this Act for regulating
the entry into and stay in the Bailiwick of Guernsey of persons not having the
right of abode shall include provision for admitting (in such cases and subject
to such restrictions as may be provided by the rules, and subject or not to
conditions as to length of stay or otherwise) persons coming for the purpose of
taking employment, or for purposes of study, or as visitors, or as dependants
of persons lawfully in or entering the Bailiwick of Guernsey.
[FN4]
modified by SI 1993/1796 (Immigration (Guernsey)
Order), Sch 1 (I) Para 1
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt I s 1
UK ST 1971 c 77 Pt I s 1
s
2 Statement of right of abode in United Kingdom.
(1) A person is under this Act to have
the right of abode in the United Kingdom if--
(a) he is a British citizen; or
(b) he is a Commonwealth citizen who--
(i) immediately before the
commencement of the British Nationality Act 1981 was a Commonwealth citizen
having the right of abode in the United Kingdom by virtue of section 2(1)(d) or section 2(2) of this Act as then in
force; and
(ii) has not ceased to be a
Commonwealth citizen in the meanwhile.
(2) In relation to Commonwealth citizens
who have the right of abode in the United Kingdom by
virtue of subsection (1)(b) above, this Act, except this section and section
5(2), shall apply as if they were British citizens; and in this Act (except as
aforesaid) "British citizen" shall be construed accordingly. [FN1] [FN2] [ [FN3]] [FN4]
[FN1] In
relation to the Isle of Man:
2.-- Statement of right of abode in
United Kingdom.
(1) A person is under this Act to have
the right of abode in the Isle of Man if--
(a) he is a British citizen; or
(b) he is a Commonwealth citizen who--
(i) immediately before the commencement
of the British Nationality Act 1981 was a Commonwealth citizen having the right
of abode in the Isle of Man by virtue of section
2(1)(d) or section 2(2) of this Act as then in force; and
(ii) has not ceased to be a Commonwealth
citizen in the meanwhile.
(2) In relation to Commonwealth citizens
who have the right of abode in the Isle of Man by
virtue of subsection (1)(b) above, this Act, except this section and section
5(2), shall apply as if they were British citizens; and in this Act (except as
aforesaid) "British citizen" shall be construed accordingly.
[FN2] In
relation to Guernsey:
2.-- Statement of right of abode in
Bailiwick of Guernsey.
(1) A person is under this Act to have
the right of abode in the Bailiwick of Guernsey if--
(a) he is a British citizen; or
(b) he is a Commonwealth citizen who--
(i) immediately before the commencement
of the British Nationality Act 1981 was a Commonwealth citizen having the right
of abode in the Bailiwick of Guernsey by virtue of section
2(1)(d) or section 2(2) of this Act as then in force; and
(ii) has not ceased to be a Commonwealth
citizen in the meanwhile.
(2) In relation to Commonwealth citizens
who have the right of abode in the Bailiwick of Guernsey by virtue of
subsection (1)(b) above, this Act, except this section and section 5(2), shall apply as if they were British
citizens; and in this Act (except as aforesaid) "British citizen"
shall be construed accordingly.
[FN3] In
relation to Jersey:
2.-- Statement of right of abode in
Bailiwick of Jersey.
(1) A person is under this Act to have
the right of abode in the Bailiwick of Jersey if--
(a) he is a British citizen; or
(b) he is a Commonwealth citizen who--
(i) immediately before the commencement
of the British Nationality Act 1981 was a Commonwealth citizen having the right
of abode in the Bailiwick of Jersey by virtue of section
2(1)(d) or section 2(2) of
this Act as then in force; and
(ii) has not ceased to be a Commonwealth
citizen in the meanwhile.
(2) In relation to Commonwealth citizens
who have the right of abode in the Bailiwick of
Jersey by virtue of subsection (1)(b) above, this Act, except this section and
section 5(2), shall apply as if they were British citizens; and in this
Act (except as aforesaid) "British citizen" shall be construed
accordingly.
[FN4]
modified by SI 1993/1797 (Immigration (Jersey)
Order), Sch 1 (I) Para 2
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes
UK-LIF
ST 1971 c 77 Pt I s 2
UK ST 1971 c 77 Pt I s 2
s
3 General provisions for regulation and control.
(1) Except as otherwise provided by or
under this Act, where a person is not a British citizen
(a) he shall not enter the United
Kingdom unless given leave to do so in accordance with the provisions of, or
made under, this Act;
(b) he may be given leave to enter the
United Kingdom (or, when already there, leave to remain in the United Kingdom)
either for a limited or for an indefinite period;
(c) if he is given a limited leave to
enter or remain in the United Kingdom, it may be given subject to conditions
restricting his employment or
occupation in the United Kingdom, or requiring him to register with the
police, or both.
(2) The Secretary of State shall from
time to time (and as soon as may be) lay before Parliament statements of the
rules, or of any changes in the rules, laid down by him as to the practice to
be followed in the administration of this Act for regulating the entry into and
stay in the United Kingdom of persons required by this Act to have leave to
enter, including any rules as to the period for which
leave is to be given and the conditions to be attached in different
circumstances; and section 1(4) above shall not be taken to require uniform
provision to be made by the rules as regards admission of persons for a purpose
or in a capacity specified in section 1(4) (and in particular, for this as well
as other purposes of this Act, account may be taken of citizenship or
nationality).
If a statement laid before either House
of Parliament under this subsection is disapproved by a resolution of that
House passed within the period of forty days beginning with the date of laying
(and exclusive of any period during which Parliament is dissolved or prorogued
or during which both Houses are adjourned for more than four days), then the
Secretary of State shall as soon as may be make such changes or further changes
in the rules as appear to him to be required in the circumstances, so that the
statement of those changes be laid before Parliament at latest by the end of
the period of forty days beginning with the date of the resolution (but
exclusive as aforesaid).
(3) In the case of a limited leave to
enter or remain in the United Kingdom,--
(a) a person's leave may be varied, whether
by restricting, enlarging or removing the limit on its duration, or by adding,
varying or revoking conditions, but if the limit on its duration is removed,
any conditions attached to the leave shall cease to apply; and
(b) the limitation on and any
conditions attached to a person's leave
(whether imposed originally or on a variation) shall, if not superseded,
apply also to any subsequent leave he may obtain after an absence from the
United Kingdom within the period limited for the duration of the earlier leave.
(4) A person's leave to enter or remain
in the United Kingdom shall lapse on his going to a country or territory
outside the common travel area (whether or not he lands there), unless within
the period for which he had leave he returns to the United Kingdom in
circumstances in which he is not required to obtain leave to enter; but, if he
does so return, his previous leave (and any limitation on it or conditions
attached to it) shall continue to apply.
(4A) For the purposes of subsection (4)
above a person seeking to leave the United Kingdom through the tunnel system
who is refused admission to France shall be treated as having gone to a country
outside the common travel area.
(5) A person who is not a British
citizen shall be liable to deportation from the United Kingdom--
(a) if, 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; or
(aa) if he has obtained leave to remain
by deception; or
(b) if the Secretary of State deems his
deportation to be conducive to the public good; or
(c) if another person to whose family
he belongs is or has been ordered to be deported.
(6) Without prejudice to the operation
of subsection (5) above, a person who is not a British citizen shall also be
liable to deportation from the United Kingdom if, after he has attained the age
of seventeen, he is convicted of an offence for which he is punishable with
imprisonment and on his conviction is recommended for deportation by a court
empowered by this Act to do so.
(7) Where it appears to Her Majesty
proper so to do by reason of restrictions or conditions imposed on British
citizens, British overseas territories citizens or British Overseas citizens
when leaving or seeking to leave any country or the territory subject to the
government of any country, Her Majesty may by Order in Council make provision
for prohibiting persons who are nationals or citizens of that country and are
not British citizens from embarking in the United Kingdom, or from doing so
elsewhere than at a port of exit, or for imposing restrictions or conditions on
them when embarking or about to embark in the United Kingdom; and Her Majesty
may also make provision by Order in Council to enable those who are not British
citizens to be, in such cases as may be prescribed by the Order, prohibited in
the interests of safety from so embarking on a ship or aircraft specified or
indicated in the prohibition.
Any Order in Council under this subsection
shall be subject to annulment in pursuance of a resolution of either House of
Parliament.
(8) When any question arises under this
Act whether or not a person is a British citizen, or is entitled to any
exemption under this Act, it shall lie on the person asserting it to prove that
he is.
(9) A person seeking to enter the United
Kingdom and claiming to have the right of abode there shall prove that he has
that right by means of either--
(a) a United Kingdom passport
describing him as a British citizen or as a citizen of the United Kingdom and
Colonies having the right of abode in the United Kingdom; or
(b) a certificate of entitlement[...] [FN1]. [FN2] [FN3] [FN4]
[FN1]
words repealed by Nationality, Immigration and Asylum
Act (2002 c.41), Sch 9 Para 1
[FN2] In
relation to the Isle of Man:
3.-- General provisions for regulation
and control.
(1) Except as otherwise provided by or
under this Act, where a person is not a British citizen
(a) he shall not enter the Isle of Man
unless given leave to do so in accordance with the provisions of, or made
under, this Act;
(b) he may be given leave to enter the
Isle of Man (or, when already there, leave to remain in the Isle of Man) either
for a limited or for an indefinite period;
(c) if he is given a limited leave to
enter or remain in the Isle of Man, it may be given subject to conditions
restricting his employment or occupation in the Isle of Man, or requiring him
to register with the police, or both.
(2) The Lieutenant-Governor shall from
time to time (and as soon as may be) lay before Tynwald statements of the
rules, or of any changes in the rules, laid down by him as to the practice to
be followed in the administration of this Act for regulating the entry into and
stay in the Isle of Man of persons required by this Act to have leave to enter,
including any rules as to the period for which leave is to be given and the
conditions to be attached in different circumstances; and section 1(4) above
shall not be taken to require uniform provision to be made by the rules as
regards admission of persons for a purpose or in a capacity specified in
section 1(4) (and in particular, for this as well as other purposes of this
Act, account may be taken of citizenship or nationality).
If a statement laid before Tynwald under
this subsection is disapproved by resolution passed at the sitting before which
it is so laid or at the next following sitting of Tynwald then the
Lieutenant-Governor shall make changes or further changes in the rules as appear
to him to be required in the circumstances and the statement of those changes
shall be laid before Tynwald at the sitting next following that at which the
said resolution was passed.
(3) In the case of a limited leave to
enter or remain in the Isle of Man,--
(a) a person's leave may be varied,
whether by restricting, enlarging or removing the limit on its duration, or by
adding, varying or revoking conditions, but if the limit on its duration is
removed, any conditions attached to the leave shall cease to apply; and
(b) the limitation on and any conditions
attached to a person's leave (whether imposed originally or on a variation)
shall, if not superseded, apply also to any subsequent leave he may obtain
after an absence from the Isle of Man within the period limited for the
duration of the earlier leave.
(4) A person's leave to enter or remain
in the Isle of Man shall lapse on his going to a country or territory outside
the common travel area (whether or not he lands there), unless within the
period for which he had leave he returns to the Isle of Man in circumstances in
which he is not required to obtain leave to enter; but, if he does so return,
his previous leave (and any limitation on it or conditions attached to it)
shall continue to apply.
(5) A person who is not a British
citizen shall be liable to deportation from the Isle of Man--
(a) if, 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; or
(aa) if he has obtained leave to remain
by deception; or
(b) if the Lieutenant-Governor deems his
deportation to be conducive to the public good; or
(c) if another person to whose family he
belongs is or has been ordered to be deported.
(6) Without prejudice to the operation
of subsection (5) above, a person who is not a British citizen shall also be
liable to deportation from the Isle of Man if, after he has attained the age of
seventeen, he is convicted of an offence for which he is punishable with
imprisonment and on his conviction is recommended for deportation by a court
empowered by this Act to do so.
(7) Where it appears to Her Majesty
proper so to do by reason of restrictions or conditions imposed on British
citizens, British overseas territories citizens or British Overseas citizens
when leaving or seeking to leave any country or the territory subject to the
government of any country, Her Majesty may by Order in Council make provision
for prohibiting persons who are nationals or citizens of that country and are
not British citizens from embarking in the Isle of Man, or from doing so
elsewhere than at a port of exit, or for imposing restrictions or conditions on
them when embarking or about to embark in the Isle of Man; and Her Majesty may
also make provision by Order in Council to enable those who are not British
citizens to be, in such cases as may be prescribed by the Order, prohibited in
the interests of safety from so embarking on a ship or aircraft specified or
indicated in the prohibition.
(8) When any question arises under this
Act whether or not a person is a British citizen, or is entitled to any
exemption under this Act, it shall lie on the person asserting it to prove that
he is.
(9) A person seeking to enter the Isle
of Man and claiming to have the right of abode there shall prove that he has
that right by means of either--
(a) a Isle of Man passport describing
him as a British citizen or as a citizen of the Isle of Man and Colonies having
the right of abode in the Isle of Man; or
(b) a certificate of entitlement issued
by or on behalf of the Government of the Isle of Man certifying that he has
such a right of abode.
[FN3] In
relation to Guernsey:
3.-- General provisions for regulation
and control.
(1) Except as otherwise provided by or
under this Act, where a person is not a British citizen
(a) he shall not enter the Bailiwick of
Guernsey unless given leave to do so in accordance with the provisions of, or
made under, this Act;
(b) he may be given leave to enter the
Bailiwick of Guernsey (or, when already there, leave to remain in the Bailiwick
of Guernsey) either for a limited or for an indefinite period;
(c) if he is given limited leave to
enter or remain in the Bailiwick of Guernsey, it may be given subject to all or
any of the following conditions, namely--
(i) a condition restricting his
employment or occupation in the Bailiwick of Guernsey.
(ii) a condition requiring him to
maintain and accommodate himself, and any dependants of his, without recourse
to public funds; and
(iii) a condition requiring him to
register as provided under section 4(3) below.
(2) The Board may from time to time make
rules as to the practice to be followed in the administration of this Act for
regulating the entry into and stay in the Bailiwick of Guernsey of persons
required by this Act to have leave to enter, including any rules as to the
period for which leave is to be given and the conditions to be attached in
different circumstances; and section 1(4) above shall not be taken to require
uniform provision to be made by the rules as regards admission of persons for a
purpose or in a capacity specified in section 1(4) (and in particular, for this
as well as other purposes of this Act, account may be taken of citizenship or
nationality).
As soon as may be after the making of
any such rules the Board shall lay them before the States and, if at the
meeting at which they are laid or at the next subsequent meeting the States
resolve that the rules shall be disapproved, then the Board shall, as soon as
may be, revoke or amend those rules by further rules, as appears to them
requisite in the circumstances; and the provisions of this paragraph shall
apply in relation to such further rules.
(3) In the case of a limited leave to
enter or remain in the Bailiwick of Guernsey,--
(a) a person's leave may be varied,
whether by restricting, enlarging or removing the limit on its duration, or by
adding, varying or revoking conditions, but if the limit on its duration is
removed, any conditions attached to the leave shall cease to apply; and
(b) the limitation on and any conditions
attached to a person's leave (whether imposed originally or on a variation)
shall, if not superseded, apply also to any subsequent leave he may obtain
after an absence from the Bailiwick of Guernsey within the period limited for
the duration of the earlier leave.
(4) A person's leave to enter or remain
in the Bailiwick of Guernsey shall lapse on his going to a country or territory
outside the common travel area (whether or not he lands there), unless within
the period for which he had leave he returns to the Bailiwick of Guernsey in
circumstances in which he is not required to obtain leave to enter; but, if he
does so return, his previous leave (and any limitation on it or conditions
attached to it) shall continue to apply.
(5) A person who is not a British
citizen shall be liable to deportation from the Bailiwick of Guernsey--
(a) if, 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; or
(aa) if he has obtained leave to remain
by deception; or
(b) if the Lieutenant-Governor deems his
deportation to be conducive to the public good; or
(c) if another person to whose family he
belongs is or has been ordered to be deported.
(6) Without prejudice to the operation
of subsection (5) above, a person who is not a British citizen shall also be
liable to deportation from the Bailiwick of Guernsey if, after he has attained
the age of seventeen, he is convicted of an offence for which he is punishable
with imprisonment and on his conviction is recommended for deportation by a
court empowered by this Act to do so.
(7) Where it appears to Her Majesty
proper so to do by reason of restrictions or conditions imposed on British
citizens, British overseas territories citizens or British Overseas citizens
when leaving or seeking to leave any country or the territory subject to the government
of any country, Her Majesty may by Order in Council make provision for
prohibiting persons who are nationals or citizens of that country and are not
British citizens from embarking in the Bailiwick of Guernsey, or from doing so
elsewhere than at a port of exit, or for imposing restrictions or conditions on
them when embarking or about to embark in the Bailiwick of Guernsey; and Her
Majesty may also make provision by Order in Council to enable those who are not
British citizens to be, in such cases as may be prescribed by the Order,
prohibited in the interests of safety from so embarking on a ship or aircraft
specified or indicated in the prohibition.
(8) When any question arises under this
Act whether or not a person is a British citizen, or is entitled to any
exemption under this Act, it shall lie on the person asserting it to prove that
he is.
(9) A person seeking to enter the
Bailiwick of Guernsey and claiming to have the right of abode there shall prove
that he has that right by means of either--
(a) a United Kingdom passport describing
him as a British citizen or as a citizen of the United Kingdom and Colonies
having the right of abode in the Bailiwick of Guernsey; or
(b) a certificate of entitlement issued
by or on behalf of the Government of the United Kingdom certifying that he has
such a right of abode.
[FN4] In
relation to Jersey:
3.-- General provisions for regulation
and control.
(1) Except as otherwise provided by or
under this Act, where a person is not a British citizen
(a) he shall not enter the Bailiwick of
Jersey unless given leave to do so in accordance with the provisions of, or
made under, this Act;
(b) he may be given leave to enter the
Bailiwick of Jersey (or, when already there, leave to remain in the Bailiwick
of Jersey) either for a limited or for an indefinite period;
(c) if he is given a limited leave to
enter or remain in the Bailiwick of Jersey, it may be given subject to
conditions restricting his employment or occupation in the Bailiwick of Jersey,
or requiring him to register as provided under section 4(3) below, or both.
(2) Section 1(4) and (4A) of this Act
shall not be taken to require uniform provision to be made as regards admission
of persons for a purpose or in a capacity specified in the said section (and,
in particular, for this as well as other purposes of this Act, account may be
taken of citizenship or nationality).
(3) In the case of a limited leave to
enter or remain in the Bailiwick of Jersey,--
(a) a person's leave may be varied,
whether by restricting, enlarging or removing the limit on its duration, or by
adding, varying or revoking conditions, but if the limit on its duration is
removed, any conditions attached to the leave shall cease to apply; and
(b) the limitation on and any conditions
attached to a person's leave (whether imposed originally or on a variation)
shall, if not superseded, apply also to any subsequent leave he may obtain
after an absence from the Bailiwick of Jersey within the period limited for the
duration of the earlier leave.
(4) A person's leave to enter or remain
in the Bailiwick of Jersey shall lapse on his going to a country or territory
outside the common travel area (whether or not he lands there), unless within
the period for which he had leave he returns to the Bailiwick of Jersey in
circumstances in which he is not required to obtain leave to enter; but, if he
does so return, his previous leave (and any limitation on it or conditions
attached to it) shall continue to apply.
(5) A person who is not a British
citizen shall be liable to deportation from the Bailiwick of Jersey--
(a) if, 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; or
(aa) if he has obtained leave to remain
by deception; or
(b) if the Lieutenant-Governor deems his
deportation to be conducive to the public good; or
(c) if another person to whose family he
belongs is or has been ordered to be deported.
(6) Without prejudice to the operation
of subsection (5) above, a person who is not a British citizen shall also be
liable to deportation from the Bailiwick of Jersey if, after he has attained
the age of seventeen, he is convicted of an offence for which he is punishable
with imprisonment and on his conviction is recommended for deportation by a
court empowered by this Act to do so.
(7) Where it appears to Her Majesty
proper so to do by reason of restrictions or conditions imposed on British
citizens, British overseas territories citizens or British Overseas citizens
when leaving or seeking to leave any country or the territory subject to the
government of any country, Her Majesty may by Order in Council make provision
for prohibiting persons who are nationals or citizens of that country and are
not British citizens from embarking in the Bailiwick of Jersey, or from doing
so elsewhere than at a port of exit, or for imposing restrictions or conditions
on them when embarking or about to embark in the Bailiwick of Jersey; and Her
Majesty may also make provision by Order in Council to enable those who are not
British citizens to be, in such cases as may be prescribed by the Order,
prohibited in the interests of safety from so embarking on a ship or aircraft
specified or indicated in the prohibition.
(7A) Any reference in an Order in
Council under subsection (7) above to embarking or being about to embark shall
be construed as including a reference to leaving or seeking to leave the United
Kingdom through the tunnel system.
(8) When any question arises under this
Act whether or not a person is a British citizen, or is entitled to any
exemption under this Act, it shall lie on the person asserting it to prove that
he is.
(9) A person seeking to enter the Bailiwick
of Jersey and claiming to have the right of abode there shall prove that he has
that right by means of either--
(a) a United Kingdom passport describing
him as a British citizen or as a citizen of the United Kingdom and Colonies
having the right of abode in the United Kingdom; or
(b) a certificate of entitlement issued
by or on behalf of the Government of the United Kingdom certifying that he has
such a right of abode.
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt I s 3
UK ST 1971 c 77 Pt I s 3
In-force
date: February 14, 2000
s
3A Further provision as to leave to enter.
[
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.
] [FN1]
Notes:
Act amended by Immigration Act 1988
(c.14), s. 7(3)
[FN1]
added by Immigration and Asylum Act (1999 c.33), Pt I
s 1
GENERAL MATERIALS
Royal Assent date -
Long Title - Notes
UK-LIF
ST 1971 c 77 Pt I s 3A
UK ST 1971 c 77 Pt I s 3A
s
3B Further provision as to leave to remain.
[
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.
] [FN1]
Notes:
Act amended by Immigration Act 1988
(c.14), s. 7(3)
[FN1]
added by Immigration and Asylum Act (1999 c.33), Pt I
s 2
GENERAL MATERIALS
Royal Assent
date - Long Title - Notes