Immigration Rules Amendments Overview
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Questions and Answers

Which of the following sections under the Immigration Act 1971 addresses the deprivation of the right of abode?

  • Section 2A (correct)
  • Section 2
  • Section 3
  • Section 24
  • What does Section 24B of the Immigration Act 1971 pertain to?

  • Assisting unlawful immigration
  • Illegal entry
  • Illegal working (correct)
  • Deception
  • Which parts of the amended rules include stylistic changes and minor corrections?

  • APP VN2 and APP AR1
  • APP EL1 and APP FIN1
  • content page and introduction (correct)
  • APP SW3 and APP KOLL1
  • What does Part I of the Immigration Act 1971 mainly regulate?

    <p>Entry into and stay in the United Kingdom</p> Signup and view all the answers

    Which of the following paragraphs in the amended Rules directly addresses the right of abode?

    <p>9.1</p> Signup and view all the answers

    Section 3A of the Immigration Act 1971 outlines provisions for which scenario?

    <p>Leave to enter</p> Signup and view all the answers

    Which of the following is NOT listed among the amended paragraphs?

    <p>APP SW10</p> Signup and view all the answers

    What is addressed in Section 25A of the Immigration Act 1971?

    <p>Helping an asylum-seeker to enter the United Kingdom</p> Signup and view all the answers

    What is the maximum number of days an applicant can be absent from the United Kingdom in the five-year period?

    <p>450 days</p> Signup and view all the answers

    Which condition must be satisfied regarding absence from the United Kingdom in the twelve-month period?

    <p>Must not exceed 90 days of absence.</p> Signup and view all the answers

    What requirement regarding immigration laws applies to the applicant during the twelve-month period?

    <p>Must not be subjected to any restriction on the length of stay.</p> Signup and view all the answers

    In what case can the Secretary of State treat an applicant as fulfilling the absence requirement even if they did not meet it?

    <p>In special circumstances deemed fit by the Secretary of State.</p> Signup and view all the answers

    Which of the following is NOT a condition that can be waived by the Secretary of State?

    <p>Requirement of voluntary departure.</p> Signup and view all the answers

    What happens if an applicant breaches immigration laws during the five-year period?

    <p>They may be considered under special circumstances.</p> Signup and view all the answers

    How many days of absence from the United Kingdom in total are allowed during the five-year period and the twelve-month period together?

    <p>450 days and 90 days respectively</p> Signup and view all the answers

    What is the minimum time the applicant must be in the UK before applying?

    <p>At the beginning of the five-year period.</p> Signup and view all the answers

    Under which conditions is a person considered to be in breach of immigration laws?

    <p>If they used deception in their most recent application</p> Signup and view all the answers

    What is defined as a 'business day' in relation to the immigration rules?

    <p>Any day except Saturday and Sunday, and bank holidays</p> Signup and view all the answers

    What does 'cancellation' refer to in the context of immigration rules?

    <p>Alteration in the duration of immigration status</p> Signup and view all the answers

    What is indicated by the term 'previously breached immigration laws'?

    <p>If the person overstayed or used deception in a prior application</p> Signup and view all the answers

    What are the two forms of a Certificate of Sponsorship?

    <p>An electronic document and the linked record given to the applicant</p> Signup and view all the answers

    How is a 'calendar year' defined in this context?

    <p>From the first day of January to the last day of December</p> Signup and view all the answers

    What is the age definition for a 'child' under these immigration rules?

    <p>Under 18 years</p> Signup and view all the answers

    What does 'civil partnership' refer to in this context?

    <p>A form of marriage under the Civil Partnership Act 2004</p> Signup and view all the answers

    Which of the following qualifies as a national of the United Kingdom according to the definition provided?

    <p>A British overseas territories citizen with a connection to Gibraltar</p> Signup and view all the answers

    What is the maximum penalty for a person convicted of a relevant offence on summary conviction?

    <p>Imprisonment for a term not exceeding six months</p> Signup and view all the answers

    Under what condition is a person exempt from being guilty of facilitating an asylum-seeker's entry into the UK?

    <p>If they are volunteering with an organization assisting asylum-seekers without charging for services</p> Signup and view all the answers

    Which of the following statements about asylum-seekers is true?

    <p>An asylum-seeker intends to claim protection under the Refugee Convention</p> Signup and view all the answers

    What does a document issued by a government of a member State certify in legal proceedings?

    <p>Is admissible and conclusive as to the matter certified</p> Signup and view all the answers

    In which scenario would a person be considered guilty of an offence under the section discussed?

    <p>If they facilitate someone they believe is seeking asylum without verification</p> Signup and view all the answers

    Which of the following defines a member State in the context provided?

    <p>Includes Norway or Iceland</p> Signup and view all the answers

    Which of the following best describes the offence outlined in subsection (1)?

    <p>Intentionally helping an asylum-seeker enter or attempt to enter the UK</p> Signup and view all the answers

    What is a requirement for an adult or young person to be registered as a British citizen?

    <p>They must be of good character.</p> Signup and view all the answers

    Under what condition may the Secretary of State grant a certificate of naturalisation?

    <p>The applicant must fulfill the requirements of Schedule 1.</p> Signup and view all the answers

    Which applicants are explicitly mentioned to be eligible for naturalisation if married to or in a civil partnership with a British citizen?

    <p>Persons of full age and capacity.</p> Signup and view all the answers

    For which circumstances does the good character requirement apply to registration?

    <p>For both adult and young person registrations.</p> Signup and view all the answers

    What grounds might lead to the refusal of an application for British overseas territories citizenship?

    <p>Not being of good character.</p> Signup and view all the answers

    What is true about the application process for naturalisation as a British citizen?

    <p>The Secretary of State has discretion in granting certificates.</p> Signup and view all the answers

    What factors could be considered in assessing an applicant's good character?

    <p>Prior criminal convictions.</p> Signup and view all the answers

    Which of the following is a necessary condition for the registration of a young person as a British citizen?

    <p>Satisfaction of the good character requirement.</p> Signup and view all the answers

    What is the timeframe for a person outside the UK to submit a notice of appeal if they were in the UK when the decision was made and cannot appeal while in the UK?

    <p>28 days after departure</p> Signup and view all the answers

    In which scenario does the 14-day appeal period apply for someone in the UK regarding a citizens' rights immigration decision?

    <p>If they were sent the notice of the decision</p> Signup and view all the answers

    What must happen for the 28-day timeframe to apply for a person outside the UK appealing a citizens' rights immigration decision?

    <p>They must have received the decision notice</p> Signup and view all the answers

    What is the latest a person in the UK must submit a notice of appeal after sending a notice of withdrawal of administrative review?

    <p>14 days from the withdrawal notice</p> Signup and view all the answers

    Under what condition does paragraph (3D) apply?

    <p>The person has not appealed the original decision before the administrative review is completed</p> Signup and view all the answers

    What is the maximum time allowed for a notice of appeal to be received by a person outside the UK after they are sent a notice of the decision on administrative review?

    <p>28 days after the administrative review decision</p> Signup and view all the answers

    If a person in the UK has not submitted a notice of appeal, how long do they have to submit it after being sent a notice of the decision on their administrative review?

    <p>14 days from the administrative review notice</p> Signup and view all the answers

    Which statement about the notice of appeal regarding citizens' rights immigration decisions is incorrect?

    <p>It is valid even if the person has withdrawn from the administrative review.</p> Signup and view all the answers

    Study Notes

    Immigration Rules Amendments

    • The Immigration Rules have been amended, incorporating changes from HC217.
    • Specific paragraphs from HC217 are affected: APP VN2, APP VN10, APP AR1, APP AR3-5, APP SW3, INTRO1, 7.1, 9.1-9.3, 9.6-9.9, APP AR2, APP EU1-11, APP FM1, APP KOLL1-6, APP SW1-2, APP SW4-8, APP SO1-2, APP EL1, APP KOLUK1, APP FIN1, APP CR1-29, APP RWP1, APP CHI1-3, 9.4-9.5, APP FM-SE1-5.
    • Paragraph 6 of the Immigration Rules (Interpretation) has been expanded.
    • The list of Commonwealth countries has been updated.
    • Minor corrections to the content page and stylistic changes have been made.

    Immigration Act 1971

    • This Act governs entry and stay in the UK;
    • Part I regulates entry and stay, detailing general principles, rights of abode, deprivation of abode, and further provisions on leave and deportation.
    • Part III addresses criminal proceedings, encompassing offences relating to illegal entry, deception, illegal working, assisting unlawful immigration, and helping asylum-seekers enter.
    • Section 1 details the rights of abode, distinguishing between British citizens, British subjects with right of abode, and British overseas territories citizens.
    • Specific sections outline liabilities for offences: imprisonment (up to life), fines.
    • Section 25A deals specifically with assisting asylum seekers by outlining offences, exclusions, and meaning of “asylum seeker”.
    • Section 26 addresses naturalization applications.

    Administrative Provisions (Schedule 2)

    • Section 1(1): All legal residents have freedom to live in, enter, and depart from the UK, except under lawful restrictions.
    • Section 1 criteria for legal residency: applicant must have been in the UK for 5 years with limited absences (450 days total and 90 days in 12 months) not subject to UK immigration restrictions, and must not have been in violation of immigration law.
    • Section 2 details special circumstances where the Secretary of State can waive some requirements.
    • Section 3/3A/3B describe appeal procedures, focusing on notice times for appeals within or outside the UK.

    Definitions

    • Breach of immigration laws: Includes overstaying, illegal entry, breaching permission conditions, or deception in entry/permission applications.
    • Business Day: Any day excluding Saturday, Sunday, bank holidays, Christmas Day, and Good Friday.
    • Calendar Year: One year starting January 1st and ending December 31st.
    • Child: A person under 18 years of age.
    • Civil Partnership: A partnership under the Civil Partnership Act 2004.
    • Certificate of Sponsorship: Electronic document or record confirming a sponsored job.
    • Cancellation (in specific contexts): Cancellation, variation, or curtailment of entry clearance/permission.

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    Description

    Explore the recent amendments to the Immigration Rules, particularly those stemming from HC217. This quiz covers specific paragraphs affected, expansions on interpretations, updates to the Commonwealth countries list, and insights from the Immigration Act 1971. Test your knowledge of these critical legal frameworks governing entry and stay in the UK.

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