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| Persons ceasing to be exempt. |
6. In the 1971 Act, after section 8, insert-
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| "Persons ceasing to be exempt. |
8A. - (1) A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3).
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(2) If a person who is exempt-
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(a) ceases to be exempt, and |
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(b) requires leave to enter or remain in the United Kingdom as a result,
he is to be treated as if he had been given leave to remain in the United Kingdom for a period of 90 days beginning on the day on which he ceased to be exempt. |
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(3) If-
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(a) a person who is exempt ceases to be exempt, and |
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(b) there is in force in respect of him leave for him to enter or remain in the United Kingdom which expires before the end of the period mentioned in subsection (2),
his leave is to be treated as expiring at the end of that period." |
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Removal from the United Kingdom |
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| Removal of certain persons unlawfully in the United Kingdom. |
7. - (1) A person who is not a British citizen may be removed from the United Kingdom, in accordance with directions given by an immigration officer, if-
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(a) 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; |
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(b) he has obtained leave to remain by deception; or |
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(c) directions ("the first directions") have been given for the removal, under this section, of a person ("the other person") to whose family he belongs. |
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(2) Directions may not be given under subsection (1)(a) if the person concerned-
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(a) has made an application for a variation of the condition concerned or of the time limit, or |
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(b) has brought an appeal against the refusal of an application for a variation of the time limit,
and the application or appeal has not been determined. |
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(3) Directions may not be given under subsection (1)(c) unless the Secretary of State has given the person concerned written notice, not more than eight weeks after the other person left the United Kingdom in accordance with the first directions, that he intends to remove the person concerned from the United Kingdom.
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(4) If such a notice is sent by the Secretary of State by first class post, addressed to the person concerned's last known address, it is to be taken to have been received by that person on the second day after the day on which it was posted.
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(5) Subsection (1) does not apply in such other circumstances as may be prescribed.
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(6) Directions for the removal of a person under subsection (1)(c) cease to have effect if he ceases to belong to the family of the other person.
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(7) Directions given under this section may impose any requirements of a prescribed kind.
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(8) In relation to any such directions, paragraphs 10, 11, 16 to 18, 21 and 22 to 24 of Schedule 2 to the 1971 Act (administrative provisions as to control of entry), apply as they apply in relation to directions given under paragraph 8 of that Schedule.
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(9) Directions for the removal of a person given under this section invalidate any leave to enter or remain in the United Kingdom given to him before the directions are given or while they are in force.
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| Proof of identity of persons to be removed or deported. |
8. - (1) This section applies if a person-
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(a) is to be removed from the United Kingdom to a country of which he is a national or citizen; but |
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(b) does not have a valid passport or other document establishing his identity and nationality or citizenship and permitting him to travel. |
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(2) If the country to which the person is to be removed indicates that the person will not be admitted to it unless identification data relating to him are provided by the Secretary of State, he may provide them with such data.
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(3) In providing identification data, the Secretary of State must not disclose whether the person concerned has made a claim for asylum.
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(4) For the purposes of paragraph 4(1) of Schedule 4 to the Data Protection Act 1998, the provision under this section of identification data is a transfer of personal data which is necessary for reasons of substantial public interest.
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(5) "Identification data" means-
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(a) fingerprints taken under section 127; or |
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(b) data collected in accordance with regulations made under section 130. |
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(6) "Removed" means removed as a result of directions given under section 7 or under Schedule 2 or 3 to the 1971 Act.
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Provision of financial security |
| Security on grant of entry clearance. |
9. - (1) In such circumstances as may be specified, the Secretary of State may require security to be given, with respect to a person applying for entry clearance, before clearance is given.
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(2) In such circumstances as may be specified-
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(a) the Secretary of State may accept security with respect to a person who is applying for entry clearance but for whom security is not required; and |
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(b) in determining whether to give clearance, account may be taken of any security so provided. |
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(3) "Security" means-
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(a) the deposit of a sum of money by the applicant, his agent or any other person, or |
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(b) the provision by the applicant, his agent or any other person of a financial guarantee of a specified kind,
with a view to securing that the applicant will, if given leave to enter the United Kingdom for a limited period, leave the United Kingdom at the end of that period. |
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(4) Immigration rules must make provision as to the circumstances in which a security provided under this section-
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(a) is to be repaid, released or otherwise cancelled; or |
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(b) is to be forfeited or otherwise realised by the Secretary of State. |
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(5) No security provided under this section may be forfeited or otherwise realised unless the person providing it has been given an opportunity, in accordance with immigration rules, to make representations to the Secretary of State.
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(6) Immigration rules may, in particular-
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(a) fix the maximum amount that may be required, or accepted, by way of security provided under this section; |
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(b) specify the form and manner in which such a security is to be given or may be accepted; |
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(c) make provision, where such a security has been forfeited or otherwise realised, for the person providing it to be reimbursed in such circumstances as may be specified; |
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(d) make different provision for different cases or descriptions of case. |
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(7) "Specified" means specified by immigration rules.
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(8) Any security forfeited or otherwise realised by the Secretary of State under this section must be paid into the Consolidated Fund.
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| Provision of further security on extension of leave. |
10. - (1) This section applies if security has been provided under section 9(1) or (2) with respect to a person who, having entered the United Kingdom (with leave to do so), applies-
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(a) to extend his leave to enter the United Kingdom; or |
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(b) for leave to remain in the United Kingdom for a limited period. |
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(2) The Secretary of State may refuse the application if security of such kind as the Secretary of State considers appropriate is not provided, or continued, with respect to the applicant.
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(3) Immigration rules must make provision as to the circumstances in which a security provided under this section-
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(a) is to be repaid, released or otherwise cancelled; or |
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(b) is to be forfeited or otherwise realised by the Secretary of State. |
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(4) No security provided under this section may be forfeited or otherwise realised unless the person providing it has been given an opportunity, in accordance with immigration rules, to make representations to the Secretary of State.
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(5) Subsection (7) of section 9 applies in relation to this section as it applies in relation to that section.
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(6) Any security forfeited or otherwise realised by the Secretary of State under this section must be paid into the Consolidated Fund.
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Information |
| Passenger information. |
11. In the 1971 Act, in Schedule 2 after paragraph 27, insert-
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"Passenger information |
| | 27B. - (1) This paragraph applies to ships or aircraft-
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(a) which have arrived, or are expected to arrive, in the United Kingdom; or |
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(b) which have left, or are expected to leave, the United Kingdom. |
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(2) If an immigration officer asks the owner or agent ("the carrier") of a ship or aircraft for passenger information, the carrier must provide that information to the officer.
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(3) The officer may ask for passenger information relating to-
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(a) a particular ship or particular aircraft of the carrier; |
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(b) particular ships or aircraft (however described) of the carrier; or |
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(c) all of the carrier's ships or aircraft. |
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(4) The officer may ask for-
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(a) all passenger information in relation to the ship or aircraft concerned; or |
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(b) particular passenger information in relation to that ship or aircraft. |
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(5) A request under sub-paragraph (2)-
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(b) must state the date on which it ceases to have effect; and |
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(c) continues in force until that date, unless withdrawn earlier by written notice by an immigration officer. |
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(6) The date may not be later than six months after the request is made.
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(7) The fact that a request under sub-paragraph (2) has ceased to have effect as a result of sub-paragraph (5) does not prevent the request from being renewed.
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(8) The information must be provided-
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(a) in such form and manner as the Secretary of State may direct; and |
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(b) at such time as may be stated in the request. |
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(9) "Passenger information" means such information relating to the passengers carried, or expected to be carried, by the ship or aircraft as may be specified.
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(10) "Specified" means specified in an order made by statutory instrument by the Secretary of State.
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(11) Such an instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament."
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