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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Borders, Citizenship and Immigration Bill [Lords]
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| | The Amendments have been arranged according to the Order of the Committee |
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| Clause 38, page 28, line 16, at end insert— |
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| | (a) | all the rights, powers, liabilities, obligations and restrictions |
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| | from time to time created or arising by or under the Community |
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| | (b) | all the remedies and procedures from time to time provided for |
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| | by or under the Community Treaties, |
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| | as in accordance with the Community Treaties are without further |
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| | enactment to be given legal effect or used in the United Kingdom;’. |
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| | Member’s explanatory statement
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| | This amendment provides a definition of “Community law” for the purposes of Part 1, which is a |
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| | term used in amendments 19, 22 and 26. |
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| Clause 39, page 29, line 7, after ‘person’, insert ‘who came to the UK under the |
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| Highly Skilled Migrants Programme’. |
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| Clause 39, page 29, line 9, after ‘person’, insert ‘who came to the UK under the |
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| Highly Skilled Migrants Programme’. |
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| Page 29, line 4, leave out Clause 39. |
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| Clause 40, page 29, line 23, after first ‘the’, insert ‘average’. |
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| | Member’s explanatory statement
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| | This amendment maintains the current position whereby maximum permitted absences during the |
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| | qualifying period for naturalisation are calculated in terms of an average over the qualifying pe |
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| Clause 40, page 29, line 27, after ‘period’, insert ‘, save that periods during which |
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| A was in the United Kingdom with leave other than that conferring qualifying |
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| immigration status shall be disregarded for the purpose of considering whether A had |
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| qualifying immigration status for the whole period’. |
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| | Member’s explanatory statement
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| | This amendment ensures that where a person spends two periods of time in the UK with qualifying |
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| | immigration status but in between is lawfully in the UK with an immigration status that is not a |
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| | qualifying immigration status, the two qualifying periods can be aggregated. |
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| Clause 40, page 29, line 31, at end insert ‘or refugee status or humanitarian |
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| Clause 40, page 29, leave out lines 32 to 36. |
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| Clause 41, page 31, line 36, after first ‘the’, insert ‘average’. |
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| Clause 42, page 34, line 42, at end insert ‘; or— |
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| | (c) | has participated in activities of benefit to the individual applicant, the |
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| | host organisation and the wider community.’. |
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| Clause 42, page 34, line 42, at end insert— |
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| | ‘(6) | The activity condition can be completed at any point during an applicant’s arrival |
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| | in this country or the subsequent probationary citizenship stage.”’. |
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| Clause 42, page 34, line 42, at end insert— |
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| | ‘(6) | In the case of an applicant with refugee status or humanitarian protection— |
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| | (a) | the number of years in the period is 5; and |
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| | (b) | the activity condition is waived.’. |
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| | Member’s explanatory statement
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| | This amendment ensures that refugees remain eligible for naturalisation after five years of resi |
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| | dence. This amendment also removes the requirement for refugees to participate in ‘community |
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| | activity’ or ‘earned citizenship’ activities. |
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| Clause 42, page 34, line 42, at end insert— |
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| | ‘(c) | is 16 years or under.’. |
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| Clause 42, page 35, line 36, after ‘Parliament’, insert ‘This resolution shall be |
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| under the affirmative procedure’. |
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| Clause 48, page 39, line 3, at end insert— |
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| | ‘(4A) | In this section a person is not considered of good character if they have been |
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| | convicted of any offence that is triable on indictment.’. |
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| Clause 48, page 39, leave out lines 6 to 11. |
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| | Member’s explanatory statement
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| | This amendment removes Hong Kong war wives and widows from the list of those who must satisfy |
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| | a good character requirement to register as British. |
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| Page 43, line 18, leave out Clause 51. |
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| Clause 52, page 43, line 28, at beginning insert ‘where leave is granted for the |
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| purpose of studies in the United Kingdom,’. |
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| Clause 52, page 43, line 29, at end insert— |
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| | ‘(ib) | a condition restricting his studies to an education institution |
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| | registered as a sponsor of non-EU nationals. |
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| | (1A) | An educational institution registered as a sponsor of non-EU nationals must be |
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| | defined as a University, Institute, Royal College or College under the Company |
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| | and Business Names Regulations 1981 (S.I. 1981/1685).’. |
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| Page 44, line 30, leave out Clause 55. |
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| Clause 57, page 45, line 22, after ‘Kingdom’, insert ‘or the responsibility of the UK |
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| Government or UK agencies abroad’. |
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| Clause 59, page 46, line 31, leave out ‘55’ and insert ‘[Transfer of immigration or |
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| nationality judicial review applications]’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment NC4. |
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| Clause 60, page 47, line 1, leave out ‘51 (entry otherwise than by sea or air: |
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| immigration control)’ and insert ‘[Common Travel Area] (Common Travel Area)’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment NC3. |
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| Clause 60, page 47, line 8, leave out ‘55 (fresh claim applications)’ and insert |
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| ‘[Transfer of immigration or nationality judicial review applications] (transfer of |
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| immigration or nationality judicial review applications)’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment NC4. |
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| Clause 61, page 47, line 38, leave out subsection (2). |
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| | Member’s explanatory statement
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| | This amendment leaves out the common-form provision inserted by the House of Lords at Third |
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| | Reading to avoid infringing the financial privileges of the House of Commons. |
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| Schedule, page 48, line 34, at end insert— |
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| ‘Immigration Act 1971 (c. 77) |
| In section 11(2), in paragraphs (a) and (b), the words |
| | | | | “or elsewhere in the common travel area”.’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment NC3. |
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| Schedule, page 49, line 3, at end insert— |
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| ‘Judicature (Northern Ireland) Act |
| | | | | | | | | | Supreme Court Act 1981 (c. 54) |
| | | | | Tribunals, Courts and Enforcement |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment NC4. |
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| To move the following Clause:— |
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| | ‘(1) | In section 1(3) of the Immigration Act 1971 (c. 77) (general principles: the |
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| | common travel area), for the words from the beginning to “a person” substitute |
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| | “A person who arrives in the United Kingdom on a local journey from any of the |
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| | Islands or the Republic of Ireland shall not”. |
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| | (2) | In section 11(2) of that Act (meaning of disembark and embark), in paragraphs |
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| | (a) and (b), omit “or elsewhere in the common travel area”.’. |
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| | Member’s explanatory statement
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| | This amendment reinstates the clause as introduced. It removes provision in the Immigration Act |
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| | 1971 stating that persons arriving in/departing from the UK from/to another part of the CTA are |
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| | not subject to control and changes the definition of disembark and embark in relation to the CTA. |
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| | Transfer of immigration or nationality judicial review applications |
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| To move the following Clause:— |
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| | ‘(1) | In section 31A of the Supreme Court Act 1981 (c. 54) (England and Wales: |
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| | transfer from the High Court to the Upper Tribunal)— |
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| | (a) | in subsection (2), for “, 3 and 4” substitute “and 3”, |
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| | (b) | in subsection (3), for “, 2 and 4” substitute “and 2”, and |
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| | (2) | In section 25A of the Judicature (Northern Ireland) Act 1978 (c. 23) (Northern |
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| | Ireland: transfer from the High Court to the Upper Tribunal)— |
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| | (a) | in subsection (2), for “, 3 and 4” substitute “and 3”, |
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| | (b) | in subsection (3), for “, 2 and 4” substitute “and 2”, and |
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| | (3) | In section 20 of the Tribunals, Courts and Enforcement Act 2007 (c. 15) |
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| | (Scotland: transfer from the Court of Session to the Upper Tribunal)— |
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| | (a) | in subsection (1)(a), for “, 2 and 4” substitute “and 2”, |
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| | (b) | in subsection (1)(b), for “, 3 and 4” substitute “and 3”, and |
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| | (c) | omit subsection (5).’. |
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| | Member’s explanatory statement
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| | This amendment reinstates the clause as introduced. It removes restrictions on transferring judi |
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| | cial review applications, with the effect that, subject to the other specified restrictions, judicial re |
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| | view applications relating to immigration or nationality decisions can be transferred to the Upper |
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| To move the following Clause:— |
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| | ‘In section 6 of the British Overseas Territories Act 2002 (c. 8) (The Ilois: |
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| | citizenship) omit subsection (2).’. |
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| | Establishment of UK Border Police Force |
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| To move the following Clause:— |
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| | ‘(1) | There shall be a body corporate to be known as the UK Border Police Force. |
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| | (2) | The UK Border Police Force shall have the functions of— |
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| | (a) | detecting and removing illegal overstayers; |
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| | (b) | protecting UK borders; |
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| | (c) | investigating suspected employers of illegal immigrants; |
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| | (d) | preventing and detecting human trafficking; and |
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| | (e) | such other functions as the Secretary of State may by order determine. |
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| | (3) | Before making an order under subsection (2)(e), the Secretary of State shall— |
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| | (b) | consult members of the public and stakeholders; and |
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| | (c) | lay a draft before each House of Parliament. |
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| | (4) | Bodies to be consulted under subsection (3)(b) shall include— |
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| | (a) | the Metropolitan Police Commissioner; |
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