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 (B)</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 (D)</p> Signup and view all the answers

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

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

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

<p>APP SW10 (B)</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 (B)</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 (D)</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. (C)</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. (C)</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. (A)</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. (B)</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. (A)</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 (C)</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. (A)</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 (D)</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 (C)</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 (D)</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 (C)</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 (B)</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 (A)</p> Signup and view all the answers

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

<p>Under 18 years (A)</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 (D)</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 (C)</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 (B), A fine not exceeding the statutory maximum (C)</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 (A)</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 (A)</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 (D)</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 (C)</p> Signup and view all the answers

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

<p>Includes Norway or Iceland (A)</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 (C)</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. (B)</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. (B)</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. (A)</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. (B)</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. (C)</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. (A)</p> Signup and view all the answers

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

<p>Prior criminal convictions. (B)</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. (D)</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 (A)</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 (D)</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 (B)</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 (B)</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 (D)</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 (A)</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 (A)</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. (D)</p> Signup and view all the answers

Flashcards

Right of Abode in the UK

The right of a person to live in and come and go from the UK without restrictions, except for procedures to establish their right or any other lawful restrictions.

Deprivation of Right of Abode

A process where someone's right of abode in the UK is taken away due to specific reasons, such as security threats or criminal activity.

General provisions for regulation and control

General rules and regulations governing entry and stay in the UK. This includes granting or refusing permission to enter or stay in the country based on specific criteria.

Further provision as to leave to enter

Further rules governing the process of obtaining permission to enter the UK.

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Leave to remain

The process by which someone who is already in the UK can request an extension of their stay.

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Continuation of Leave pending variation decision

A procedure where an individual can apply for an extension of their current permission to stay in the UK while waiting for a decision on their visa application variation.

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Procedure for deportation

A process outlining the procedures and rules for deporting individuals from the UK.

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Recommendations by court for deportation

A court's recommendation for deportation of an individual based on their actions or activities.

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Who is considered a 'national of the United Kingdom'?

A British Citizen, a person who is a British subject residing in the United Kingdom, or a British Overseas Territories citizen connected with Gibraltar.

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What is Section 25A about?

This section focuses on the criminal offense of facilitating the entry of asylum seekers into the UK.

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What is the main crime described in Section 25A?

It's against the law to knowingly help someone enter the UK if you believe they're an asylum seeker.

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Who is considered a 'facilitator' in Section 25A?

A 'facilitator' is someone who helps someone else enter the UK.

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What is the exception to the crime described in Section 25A?

It's legal to help asylum seekers if it's done by a charity that offers free assistance.

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Who counts as an 'asylum seeker' in this section?

Someone who intends to claim that their removal from the UK would violate the UK's obligations under the Refugee Convention or the Human Rights Convention.

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What is Section 26 about?

This section establishes general offenses related to the administration of the Immigration Act.

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What is the main focus of Section 26?

This section includes specific offenses related to the administration of the Immigration Act.

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Naturalisation for married or civil partners

A British citizen by birth, who is married to or in a civil partnership with a British citizen, can apply for British citizenship if they meet the requirements of Schedule 1.

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Requirements for Naturalisation

An applicant for naturalisation must meet the requirements of Schedule 1 of the British Nationality Act to be eligible.

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Secretary of State's Approval

The Secretary of State for the Home Department has the power to grant naturalisation and issue a certificate of naturalisation if the applicant meets all requirements.

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Requirement of Good Character - Registration

Adults and young people seeking registration as a British citizen must demonstrate good character to be granted the application.

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Requirement of Good Character - Overseas Citizenship

Adults and youngsters applying for British overseas territories citizenship under section 17C must prove good character for their application to be successful.

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Good Character Requirement for Specific Registration Provisions

Adults and young people applying for British citizenship under specific sections of the Nationality Act, including those related to marriage and civil partnership, need to prove good character.

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Assessing Good Character

The Secretary of State determines if an applicant is of good character based on evidence provided by the applicant.

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Consequences of Unsatisfactory Good Character

If the Secretary of State is not satisfied with the applicant's good character, the application for registration or naturalisation will likely be rejected.

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Appeal Notice Deadline (Outside UK)

If an individual is outside the UK and has a decision against them that they want to appeal, they must submit the appeal notice within 28 days of their departure from the UK, if they were in the UK when the decision was made and are unable to appeal while in the UK due to legal restrictions. Otherwise, they must submit the appeal within 28 days of receiving the decision notification.

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Appeal Deadline: Exclusions

This rule establishes the deadline for submitting an appeal notice when an individual is outside the UK but does not apply to appeals related to citizens' rights immigration decisions.

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Citizens' Rights Immigration Decision

A citizens' rights immigration decision is subject to different appeal deadlines compared to standard immigration decisions.

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Appeal Notice Deadline (Citizens' Rights)

If an individual is within the UK and wants to appeal a citizens' rights immigration decision, they must submit the appeal notice within 14 days of receiving the decision notification. If they're outside the UK, the deadline is 28 days.

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Administrative Review and Appeal Deadline

This paragraph applies when someone requests an administrative review of a citizens' rights immigration decision and hasn't started legal proceedings regarding the original decision before receiving the administrative review notice.

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Appeal Notice Deadline (Administrative Review)

If someone is in the UK, they need to submit the appeal notice within 14 days of receiving the administrative review decision, or if they withdrew the administrative review, within 14 days of withdrawal. If someone is outside the UK, the deadline is 28 days from receiving the administrative review decision or within 28 days of withdrawing the review.

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Breach of immigration laws

A person is in breach of immigration laws if they are an overstayer, an illegal entrant, or have breached their permission conditions. They are also in breach if they used deception in their entry clearance or permission application.

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Previously breached immigration laws

A person has previously breached immigration laws if they overstayed a previous visa or used deception in a past entry clearance or permission application.

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Business day

Any day except Saturday, Sunday, bank holidays (UK), Christmas Day, or Good Friday.

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Certificate of Sponsorship

An electronic document with a unique reference issued by a sponsor using the Sponsorship Management System, or a record linked to a Sponsorship Reference Number given to an applicant through the “Sponsor a Worker” scheme.

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Calendar year

A year from 1 January to 31 December.

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Cancellation (in relation to Appendix S2 Healthcare Visitor and Appendix Service Providers from Switzerland)

An act that cancels, changes the duration, or shortens the validity of entry clearance or permission.

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Child

A person under the age of 18.

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Civil partnership

A legally recognized partnership between two people of the same sex under the Civil Partnership Act 2004.

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What are the general requirements for right of abode in the UK?

A person is considered to have a right of abode in the UK if they were in the UK for at least 5 years, were not absent for more than 450 days in that period, and for the last 12 months, were not absent for over 90 days, were not subject to immigration restrictions, and were not in breach of immigration laws.

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What is the alternative way to meet the requirements for right of abode?

If someone meets the requirements for right of abode, but is serving overseas in Crown service, this is also considered to be in the UK for this purpose

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What exceptions are there to the requirement to have been in the UK for 5 years?

In certain cases, the Secretary of State can waive the requirement to have been in the UK for 5 years continuous if someone was not in the UK at the beginning of the 5-year period.

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What are the exceptions to the requirement to not have been absent for more than 450 days in 5 years, or more than 90 days in the last 12 months?

The Secretary of State can also waive the requirement to have been in the UK for the last 5 years if someone was absent for more than 450 days or for more than 90 days in the last 12 months.

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What is the Secretary of State's authority regarding absences from the UK?

The Secretary of State can treat someone as having been in the UK for a period of time when they were considered to be absent, according to the specific rules.

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What exception is there to the rule about restrictions on the period someone could stay in the UK?

The Secretary of State can disregard any restrictions on the period someone could stay in the UK, unless those restrictions applied on the date of application.

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If someone was in breach of immigration laws in the UK, does that affect their right of abode?

If someone was in breach of the immigration laws in the 5 year period, the Secretary of State can still grant them right of abode.

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What is the exception to the right of abode requirements for those with health conditions?

The Secretary of State may waive the requirement to fulfill certain conditions for right of abode if the applicant is old, physically unwell, or mentally unwell and it would be unreasonable to expect them to fulfill those conditions

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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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