Immigration Bill

Amendments
to be moved
On REPORT

Clause 1

LORD TAYLOR OF HOLBEACH

 

Page 1, leave out lines 11 to 14 and insert—

“(2)     Where a person (“P”) is liable to be or has been removed from the
United Kingdom under subsection (1), a member of P’s family who
meets the following three conditions may also be removed from the
United Kingdom under the authority of the Secretary of State or an
immigration officer, provided that the Secretary of State or
immigration officer has given the family member written notice of
the intention to remove him or her.

(2A)    The first condition is that the family member is—

(a)   P’s partner,

(b)   P’s child, or a child living in the same household as P in
circumstances where P has care of the child,

(c)   in a case where P is a child, P’s parent, or

(d)   an adult dependent relative of P.

(2B)    The second condition is that—

(a)   in a case where the family member has leave to enter or
remain in the United Kingdom, that leave was granted on
the basis of his or her family life with P;

(b)   in a case where the family member does not have leave to
enter or remain in the United Kingdom, in the opinion of the
Secretary of State or immigration officer the family
member—

(i)   would not, on making an application for such leave,
be granted leave in his or her own right, but

(ii)   would be granted leave on the basis of his or her
family life with P, if P had leave to enter or remain.

(2C)    The third condition is that the family member is neither a British
citizen, nor is he or she entitled to enter or remain in the United
Kingdom by virtue of an enforceable EU right or of any provision
made under section 2(2) of the European Communities Act 1972.

(2D)    A notice given to a family member under subsection (2) invalidates
any leave to enter or remain in the United Kingdom previously
given to the family member.”

 

Page 2, leave out lines 28 to 35 and insert—

“( )   the time period during which a family member may be
removed under subsection (2);

( )   the service of a notice under subsection (2).”

 

Page 2, line 35, at end insert—

“( )     In this section “child” means a person who is under the age of 18.”

Clause 15

BARONESS BERRIDGE

LORD AVEBURY

 

Page 13, line 39, leave out from “unless” to end of line 40 and insert “the Tribunal
is satisfied that the matter is within its jurisdiction and there were good reasons for
not raising the matter before the Secretary of State”

After Clause 15

LORD TAYLOR OF HOLBEACH

 

Insert the following new Clause—

“Report by Chief Inspector on administrative review

(1)     Before the end of the period of 12 months beginning on the day on which
section 15 comes into force, the Secretary of State must commission from
the Chief Inspector a report that addresses the following matters—

(a)   the effectiveness of administrative review in identifying case
working errors;

(b)   the effectiveness of administrative review in correcting case
working errors;

(c)   the independence of persons conducting administrative review (in
terms of their separation from the original decision-maker).

(2)     On completion of the report, the Chief Inspector must send it to the
Secretary of State.

(3)     The Secretary of State must lay before Parliament a copy of the report
received under subsection (2).

(4)     In this section—

“administrative review” means review conducted under the
immigration rules;

“case working error” has the meaning given in the immigration rules;

the “Chief Inspector” means the Chief Inspector established under
section 48 of the UK Borders Act 2007;

“immigration rules” has the same meaning as in the Immigration Act
1971.”

Clause 19

BARONESS HAMWEE

LORD CLEMENT-JONES

 

Page 19, line 26, at end insert—

“( )     Before implementing a pilot scheme to preclude the making of a residential
tenancy agreement to which a person disqualified as a result of
immigration status is party, the Secretary of State shall—

(a)   consult such persons as she considers appropriate as to the criteria
to be applied in order to assess and evaluate the scheme;

(b)   lay before Parliament a report on the proposed criteria.

( )     The criteria shall include the application of an equalities impact
assessment.”

Schedule 3

LORD TAYLOR OF HOLBEACH

 

Page 65, line 32, leave out “comprises a hall of residence predominantly” and insert
“is used wholly or mainly”

 

Page 66, line 1, leave out from second “is” to “hall” in line 4 and insert “a”

 

Page 66, line 5, after “paragraph” insert “and paragraph 11A”

 

Page 66, line 12, at end insert—

“11A          An agreement under which accommodation is provided to a student
who has been nominated to occupy it by an institution or body of the
kind mentioned in paragraph 11(2).”

Clause 31

LORD TAYLOR OF HOLBEACH

 

Page 28, line 19, leave out subsection (6) and insert—

“(6)     The code (or revised code)—

(a)   may not be issued unless a draft has been laid before Parliament,
and

(b)   comes into force in accordance with provision made by order of the
Secretary of State.”

Clause 32

LORD TAYLOR OF HOLBEACH

 

Page 28, line 37, leave out from “draft” to end of line 39

 

Page 28, line 39, at end insert—

“( )     The code (or revised code)—

(a)   may not be issued unless a draft has been laid before Parliament
(prepared after considering representations under subsection (4)(b)
and with or without modifications to reflect the representations),
and

(b)   comes into force in accordance with provision made by order of the
Secretary of State.”

 

Page 28, line 43, leave out subsection (6)

After Clause 64

LORD AVEBURY

 

Insert the following new Clause—

“Acquisition by registration: certain persons born between 1961 and 1983

(1)     Section 4C of the British Nationality Act 1981 (acquisition by registration:
certain persons born between 1961 and 1983) is amended as follows:

(2)     In subsection (3C) for the words “and

(b)   does not depend upon” substitute “irrespective of”.

(3)     In subsection (3D) omit the word “not”.”

After Clause 68

THE EARL OF LISTOWEL

LORD TAYLOR OF HOLBEACH

 

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 71

LORD TAYLOR OF HOLBEACH

 

Page 56, line 5, at end insert—

“(ca)   the first regulations under section 49(1);

(cb)   the first regulations under section 49(5);

(cc)   the first regulations under section 50(3);

(cd)   the first regulations under section 50(4);”

 

Page 56, line 6, at end insert “or (6)”

 

Page 56, line 9, at end insert—

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

Prepared 28th March 2014