Lords Amendments to the Immigration Bill

House of Commons

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Lords Amendments to the Immigration Bill

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assistance, education, translation and interpretation services as

required;

(d)
assist the child to access legal and other representation where

necessary, including, where appropriate, to appoint and instruct

legal representatives on all matters relevant to the interests of the

child;

(e)
consult with, advise and keep the child informed of legal rights;

(f)
keep the child informed of all relevant immigration, criminal,

compensation, community care, public law or other proceedings;

(g)
contribute to identification of a plan to safeguard and promote a

durable solution for the child based on an individual assessment of

that child’s best interests;

(h)
provide a link between the child and various statutory and other

bodies who may provide services to the child, accompanying the

child to any relevant meetings;

(i)
assist in establishing contact with the child’s family, where the child

so wishes and it is in the child’s best interests;

(j)
where appropriate liaise with an immigration officer handling the

child’s case in conjunction with the child’s legal representative;

(k)
accompany the child to all interviews with the police, the

immigration authorities and care proceedings;

(l)
accompany the child to any court proceedings; and

(m)
accompany the child whenever the child moves to new

accommodation.

(3)
A child trafficking guardian must have completed the training required in

subsection (7) and may be—

(a)
an employee of a statutory body except for an employee of a local

authority;

(b)
an employee of a recognised charitable organisation; or

(c)
a volunteer for a recognised charitable organisation.

(4)
A person discharging duties as a child trafficking guardian shall not

discharge any other statutory duties in relation to a child for whom they are

providing assistance under this section.

(5)
Where a child trafficking guardian is appointed under subsection (1), the

authority of the child trafficking guardian in relation to the child shall be

recognised by any relevant body.

(6)
In subsection (5), a “relevant body” means a person or organisation—

(a)
which provides services to the child; or

(b)
to which a child makes an application for services; or

(c)
to which the child needs access in relation to being a victim of

human trafficking; or

(d)
any court or tribunal that a child engages with.

(7)
The Secretary of State shall by order—

(a)
set out the arrangements for the appointment of a child trafficking

guardian immediately after a child is identified as a potential victim

of trafficking in human beings;

(b)
set out requirements for the training courses to be completed before

a person may exercise functions as a child trafficking guardian;

9

(c)
set out the arrangements for the supervision of persons discharging

duties as a child trafficking guardian;

(d)
set out the arrangements for the provision of support services for

persons discharging duties as a child trafficking guardian; and

(e)
designate organisations as a “recognised charitable organisation”

for the purpose of this section.

(8)
A person’s appointment as a child trafficking guardian for a particular

child under this section shall come to an end if—

(a)
the child reaches the age of 21; or

(b)
the child leaves the United Kingdom.

(9)
In this section, a child is considered to be a “potential victim of trafficking

in human beings” when a referral has been made to a competent authority

for a determination under the identification process required by Article 10

of the Trafficking Convention (Identification of Victims) and there has not

been a conclusive determination that the individual is not such a victim.

(10)
For the purposes of subsection (9), an individual will not be considered to

have received a conclusive determination that the individual is not a victim

of trafficking in human beings if—

(a)
an individual is appealing or seeking judicial review of the

conclusive determination; and

(b)
the appeal or judicial review is not completed.

(11)
In this section—

“competent authority” means a person who is a competent authority

of the United Kingdom for the purposes of the Trafficking

Convention;

“relevant child” means a person who is under the age of 18 and who—

(a)
requires leave to remain in the United Kingdom whether or

not such leave has been granted; or

(b)
is a national of an EEA state other than the United Kingdom;

“the Trafficking Convention” means the Council of Europe

Convention on Action against Trafficking in Human Beings (done

at Warsaw on 16 May 2005);

“trafficking in human beings” has the same meaning as in the

Trafficking Convention.”
17
Insert the following new Clause—

“Persons unable to acquire citizenship: natural father not married to mother

After section 4D of the British Nationality Act 1981 insert—

“4E
The general conditions

For the purposes of sections 4F to 4I, a person (“P”) meets the

general conditions if—

(a)
P was born before 1 July 2006;

(b)
at the time of P’s birth, P’s mother—

(i)
was not married, or

(ii)
was married to a person other than P’s natural

father;

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(c)
no person is treated as the father of P under section 28 of the

Human Fertilisation and Embryology Act 1990; and

(d)
P has never been a British citizen.

4F
Person unable to be registered under other provisions of this Act

(1)
A person (“P”) is entitled to be registered as a British citizen on an

application made under this section if—

(a)
P meets the general conditions; and

(b)
P would be entitled to be registered as a British citizen

under—

(i)
section 1(3),

(ii)
section 3(2),

(iii)
section 3(5),

(iv)
paragraph 4 of Schedule 2, or

(v)
paragraph 5 of Schedule 2,


had P’s mother been married to P’s natural father at the time

of P’s birth.

(2)
In the following provisions of this section “relevant registration

provision” means the provision under which P would be entitled to

be registered as a British citizen (as mentioned in subsection (1)(b)).

(3)
If the relevant registration provision is section 3(2), a person who is

registered as a British citizen under this section is a British citizen

by descent.

(4)
If the relevant registration provision is section 3(5), the Secretary of

State may, in the special circumstances of the particular case, waive

the need for any or all of the parental consents to be given.

(5)
For that purpose, the “parental consents” are—

(a)
the consent of P’s natural father, and

(b)
the consent of P’s mother,


insofar as they would be required by section 3(5)(c) (as read with

section 3(6)(b)), had P’s mother been married to P’s natural father

at the time of P’s birth.

4G
Person unable to become citizen automatically after

commencement

(1)
A person (“P”) is entitled to be registered as a British citizen on an

application made under this section if—

(a)
P meets the general conditions; and

(b)
at any time in the period after commencement, P would

have automatically become a British citizen at birth by the

operation of any provision of this Act or the British

Nationality (Falkland Islands) Act 1983, had P’s mother

been married to P’s natural father at the time of P’s birth.

(2)
A person who is registered as a British citizen under this section is

a British citizen by descent if the British citizenship which the

person would have acquired at birth (as mentioned in subsection

(1)(b)) would (by virtue of section 14) have been British citizenship

by descent.

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(3)
If P is under the age of 18, no application may be made unless the

consent of P’s natural father and mother to the registration has been

signified in the prescribed manner.

(4)
But if P’s natural father or mother has died on or before the date of

the application, the reference in subsection (3) to P’s natural father

and mother is to be read as a reference to either of them.

(5)
The Secretary of State may, in the special circumstances of a

particular case, waive the need for any or all of the consents

required by subsection (3) (as read with subsection (4)) to be given.

(6)
The reference in this section to the period after commencement does

not include the time of commencement (and, accordingly, this

section does not apply to any case in which a person was unable to

become a British citizen at commencement).

4H
Citizen of UK and colonies unable to become citizen at

commencement

(1)
A person (“P”) is entitled to be registered as a British citizen on an

application made under this section if—

(a)
P meets the general conditions;

(b)
P was a citizen of the United Kingdom and Colonies

immediately before commencement; and

(c)
P would have automatically become a British citizen at

commencement, by the operation of any provision of this

Act, had P’s mother been married to P’s natural father at the

time of P’s birth.

(2)
A person who is registered as a British citizen under this section is

a British citizen by descent if the British citizenship which the

person would have acquired at commencement (as mentioned in

subsection (1)(c)) would (by virtue of section 14) have been British

citizenship by descent.

4I
Other person unable to become citizen at commencement

(1)
A person (“P”) is entitled to be registered as a British citizen on an

application made under this section if—

(a)
P meets the general conditions;

(b)
P is either—

(i)
an eligible former British national, or

(ii)
an eligible non-British national; and

(c)
had P’s mother been married to P’s natural father at the time

of P’s birth, P—

(i)
would have been a citizen of the United Kingdom

and Colonies immediately before commencement,

and

(ii)
would have automatically become a British citizen at

commencement by the operation of any provision of

this Act.

(2)
P is an “eligible former British national” if P was not a citizen of the

United Kingdom and Colonies immediately before commencement

and either—

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(a)
P ceased to be a British subject or a citizen of the United

Kingdom and Colonies by virtue of the commencement of

any independence legislation, but would not have done so

had P’s mother been married to P’s natural father at the time

of P’s birth, or

(b)
P was a British subject who did not automatically become a

citizen of the United Kingdom and Colonies at

commencement of the British Nationality Act 1948 by the

operation of any provision of it, but would have done so had

P’s mother been married to P’s natural father at the time of

P’s birth.

(3)
P is an “eligible non-British national” if—

(a)
P was never a British subject or citizen of the United

Kingdom and Colonies; and

(b)
had P’s mother been married to P’s natural father at the time

of P’s birth, P would have automatically become a British

subject or citizen of the United Kingdom and Colonies—

(i)
at birth, or

(ii)
by virtue of paragraph 3 of Schedule 3 to the British

Nationality Act 1948 (child of male British subject to

become citizen of the United Kingdom and Colonies

if the father becomes such a citizen).

(4)
A person who is registered as a British citizen under this section is

a British citizen by descent if the British citizenship which the

person would have acquired at commencement (as mentioned in

subsection (1)(c)(ii)) would (by virtue of section 14) have been

British citizenship by descent.

(5)
In determining for the purposes of subsection 1(c)(i) whether P

would have been a citizen of the United Kingdom and Colonies

immediately before commencement, it must be assumed that P

would not have—

(a)
renounced or been deprived of any notional British

nationality, or

(b)
lost any notional British nationality by virtue of P acquiring

the nationality of a country or territory outside the United

Kingdom.

(6)
A “notional British nationality” is—

(a)
in a case where P is an eligible former British national, any

status as a British subject or a citizen of the United Kingdom

and Colonies which P would have held at any time after P’s

nationality loss (had that loss not occurred and had P’s

mother had been married to P’s natural father at the time of

P’s birth);

(b)
in a case where P is an eligible non-British national—

(i)
P’s status as a British subject or citizen of the United

Kingdom and Colonies mentioned in subsection

(3)(b), and

(ii)
any other status as a British subject or citizen of the

United Kingdom and Colonies which P would have

held at any time afterwards (had P’s mother been

married to P’s natural father at the time of P’s birth).

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(7)
In this section—

“British subject” has any meaning which it had for the

purposes of the British Nationality and Status of Aliens Act

1914;

“independence legislation” means an Act of Parliament or any

subordinate legislation (within the meaning of the

Interpretation Act 1978) forming part of the law in the

United Kingdom (whenever passed or made, and whether

or not still in force)—

(a)
providing for a country or territory to become

independent from the United Kingdom, or

(b)
dealing with nationality, or any other ancillary

matters, in connection with a country or territory

becoming independent from the United Kingdom;

“P’s nationality loss” means P’s—

(a)
ceasing to be a British subject or citizen of the United

Kingdom and Colonies (as mentioned in subsection

(2)(a)), or

(b)
not becoming a citizen of the United Kingdom and

Colonies (as mentioned in subsection (2)(b)).

4J
Sections 4E to 4I: supplementary provision

(1)
In sections 4E to 4I and this section, a person’s “natural father” is a

person who satisfies the requirements as to proof of paternity that

are prescribed in regulations under section 50(9B).

(2)
The power under section 50(9B) to make different provision for

different circumstances includes power to make provision for the

purposes of any provision of sections 4E to 4I which is different

from other provision made under section 50(9B).

(3)
The following provisions apply for the purposes of sections 4E to 4I.

(4)
A reference to a person automatically becoming a British citizen, or

a citizen of the United Kingdom and Colonies, is a reference to the

person becoming such a citizen without the need for—

(a)
the person to be registered as such a citizen by the Secretary

of State or any other minister of the Crown;

(b)
the birth of the person to be registered by a diplomatic or

consular representative of the United Kingdom; or

(c)
the person to be naturalised as such a citizen.

(5)
If the mother of a person could not actually have been married to

the person’s natural father at the time of the person’s birth (for

whatever reason), that fact does not prevent an assumption being

made that the couple were married at the time of the birth.””
Clause 60
18
Page 47, line 29, leave out subsections (1) and (2) and insert—

“(1)
A Committee of members of both Houses of Parliament shall be established

to consider and report on whether section 40 of the British Nationality Act

1981 (deprivation of citizenship) should be amended to enable the

Secretary of State to deprive a person of their citizenship if—

14

(a)
the citizenship status results from the person’s naturalisation, and

(b)
the Secretary of State is satisfied that the deprivation is conducive

to the public good because the person, while having that citizenship

status, has conducted him or herself in a manner which is seriously

prejudicial to the vital interests of the United Kingdom, any of the

islands, or any British Overseas Territory,


even if to do so would have the effect of making the person stateless.

(2)
The Committee shall consist of six members of the House of Lords

nominated by the Chairman of Committees, and six members of the House

of Commons nominated by the Speaker of the House of Commons, to be

appointed on the passing of this Act to serve for the duration of the present

Parliament.

(3)
Any casual vacancy occurring by reason of the death, resignation or

incapacity of a member of the committee shall be filled by the nomination

of a member by the Chairman of Committees or the Speaker of the House

of Commons, as the case may be.

(4)
The quorum of the committee shall be two members of each House and the

committee shall be entitled to sit and to transact business whether

Parliament be sitting or not, and notwithstanding a vacancy in the

membership of the committee.

(5)
Subject to the above provisions, the committee may regulate its own

procedure.”
After Clause 64
19
Insert the following new Clause—

“Duty regarding the welfare of children

For the avoidance of doubt, this Act does not limit any duty imposed on the

Secretary of State or any other person by section 55 of the Borders,

Citizenship and Immigration Act 2009 (duty regarding the welfare of

children).”
Clause 67
20
Page 52, line 5, leave out “or an order under section 38;” and insert—

“( )
an order under section 38, or under a section amended by such an

order;”
21
Page 52, line 5, at end insert—

“(ca)
the first regulations under section 45(1);

(cb)
the first regulations under section 45(5);

(cc)
the first regulations under section 46(3);

(cd)
the first regulations under section 46(4);”
22
Page 52, line 6, at end insert “or (6)”
23
Page 52, line 9, at end insert—

“(g)
an order under paragraph 2(3)(e) of Schedule 6.”