Borders, Citizenship and Immigration Bill [HL]

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Borders, Citizenship and Immigration Bill [HL]

Borders, Citizenship and Immigration Bill [HL]
Part 1 — Border functions
27

(5)
After that subsection insert—
“(5A)
In this section “customs function”, “designated customs official” and
“general customs function” have the meanings given by Part 1 of the
Borders, Citizenship and Immigration Act 2009.”
(6)
This section ceases to have effect on the coming into force of section 56 (duty
5
regarding welfare of children).
Supplementary
35
Power to modify enactments
(1)
The Secretary of State may by order provide for an enactment (or a description
of enactments) to apply in relation to—
10
(a)
relevant persons, or
(b)
the exercise of functions by relevant persons,
with such modifications as the Secretary of State considers necessary or
expedient.
(2)
In this section—
15
(a)
“relevant persons” means—
(i)
the Secretary of State by whom general customs functions are
exercisable,
(ii)
the Director of Border Revenue, and
(iii)
designated customs officials, immigration officers and officials
20
in the department of that Secretary of State, and
(b)
a reference to relevant persons includes a reference to any description
of relevant persons.
(3)
An order under this section may, in particular, include provision for or in
connection with—
25
(a)
extending to relevant persons an exemption or protection afforded by
an enactment to any other description of persons;
(b)
providing for the disclosure of information to, or the doing of other
things in relation to, relevant persons.
(4)
The Secretary of State must consult the Commissioners for Her Majesty’s
30
Revenue and Customs before making an order under this section that—
(a)
makes provision in relation to a general customs matter or a customs
revenue matter, or
(b)
makes provision in relation to the exercise of a customs function.
36
Power to make supplementary etc. provision
35
(1)
The Secretary of State may by order make—
(a)
such incidental, supplementary or consequential provision, or
(b)
such transitional or transitory provision or savings,

as the Secretary of State considers appropriate for the general purposes, or any
particular purpose, of this Part, or in consequence of, or for giving full effect to,
40
any provision made by or under this Part.
(2)
An order under subsection (1) may amend, repeal, revoke or otherwise modify
any enactment (including this Act).

Borders, Citizenship and Immigration Bill [HL]
Part 1 — Border functions
28

(3)
The power to make an order under subsection (1) includes power to repeal or
revoke an enactment which is spent.
(4)
Nothing in this Part affects the generality of the power conferred by this
section.
37
Subordinate legislation
5
(1)
Orders and regulations under this Part must be made by statutory instrument.
(2)
An order or regulations under this Part may—
(a)
include incidental, supplementary and consequential provision;
(b)
make transitional or transitory provision or savings;
(c)
make different provision for different cases or circumstances.
10
(3)
A statutory instrument containing an order or regulations to which subsection
(4) applies may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.
(4)
This subsection applies to—
(a)
an order under section 2 (power of Secretary of State to modify
15
functions);
(b)
an order under section 8 (power of Treasury to modify Director’s
functions);
(c)
regulations under section 16(8) (power to permit disclosure);
(d)
an order under section 23 (application of provisions about
20
investigations and detention: England and Wales and Northern
Ireland);
(e)
an order under section 35 (power to modify enactments);
(f)
an order under section 36 (power to make supplementary etc.
provision) that amends or repeals primary legislation.
25
(5)
A statutory instrument containing only—
(a)
regulations under section 29 (inspections by Her Majesty’s Inspectors
of Constabulary etc.), or
(b)
an order under section 36 that does not amend or repeal primary
legislation,
30

is subject to annulment in pursuance of a resolution of either House of
Parliament.
(6)
A statutory instrument containing an order under section 33 (power to require
payment into the Consolidated Fund) is subject to annulment in pursuance of
a resolution of the House of Commons.
35
(7)
In this section “primary legislation” means—
(a)
an Act of Parliament,
(b)
an Act of the Scottish Parliament,
(c)
a Measure or Act of the National Assembly for Wales, or
(d)
Northern Ireland legislation.
40
(8)
This section does not apply to an order under section 31 (prosecution of
offences).

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
29

38
Interpretation
In this Part—
“Community law” means—
(a)
all the rights, powers, liabilities, obligations and restrictions
from time to time created or arising by or under the Community
5
Treaties, and
(b)
all the remedies and procedures from time to time provided for
by or under the Community Treaties,
as in accordance with the Community Treaties are without further
enactment to be given legal effect or used in the United Kingdom;
10
“customs function” has the meaning given by section 14(6);
“customs information” has the meaning given by section 14(6);
“customs revenue function” has the meaning given by section 7(9);
“customs revenue information” has the meaning given by section 14(6);
“customs revenue matter” has the meaning given by section 7(2);
15
“customs revenue official” means a customs revenue official designated
under section 11(1);
“designated customs official” has the meaning given by section 14(6);
“enactment” includes—
(a)
an enactment contained in subordinate legislation within the
20
meaning of the Interpretation Act 1978 (c. 30);
(b)
an enactment contained in, or in an instrument made under, an
Act of the Scottish Parliament;
(c)
an enactment contained in, or in instrument made under,
Northern Ireland legislation;
25
(d)
an enactment contained in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales;
“function” means any power or duty (including a power or duty that is
ancillary to another power or duty);
“general customs function” has the meaning given by section 1(8);
30
“general customs matter” has the meaning given by section 1(2);
“general customs official” means a general customs official designated
under section 3(1);
“personal customs information” has the meaning given by section 15(4);
“personal customs revenue information” has the meaning given by
35
section 15(4);
“relevant official” has the meaning given by section 15(3).
Part 2
Citizenship
Acquisition of British citizenship by naturalisation
40
39
Application requirements: general
(1)
In paragraph 1 of Schedule 1 to the British Nationality Act 1981 (c. 61)
(requirements for naturalisation as a British citizen under section 6(1) of that
Act), in sub-paragraph (1)(a), omit “, or the alternative requirement specified
in sub-paragraph (3) of this paragraph”.
45

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
30

(2)
For sub-paragraph (2) of that paragraph substitute—
    “(2)
The requirements referred to in sub-paragraph (1)(a) of this
paragraph are—
(a)
that the applicant (“A”) was in the United Kingdom at the
beginning of the qualifying period;
5
(b)
that the number of days on which A was absent from the
United Kingdom in each year of the qualifying period does
not exceed 90;
(c)
that A had a qualifying immigration status for the whole of
the qualifying period;
10
(d)
that on the date of the application A has probationary
citizenship leave, permanent residence leave, a qualifying
CTA entitlement, a Commonwealth right of abode or a
permanent EEA entitlement;
(e)
that, where on the date of the application A has probationary
15
citizenship leave granted for the purpose of taking
employment in the United Kingdom, A has been in
continuous employment since the date of the grant of that
leave; and
(f)
that A was not at any time in the qualifying period in the
20
United Kingdom in breach of the immigration laws.”
(3)
Omit sub-paragraph (3) of that paragraph.
(4)
In paragraph 2 of that Schedule (which becomes sub-paragraph (1) of that
paragraph) (discretion of Secretary of State on applications for naturalisation
under section 6(1)), for paragraph (a) substitute—
25
“(a)
treat the applicant as fulfilling the requirement specified in
paragraph 1(2)(b) although the number of days on which the
applicant was absent from the United Kingdom in a year of
the qualifying period exceeds 90;”.
(5)
After paragraph (b) of sub-paragraph (1) of that paragraph, insert—
30
“(ba)
treat the applicant as fulfilling the requirement specified in
paragraph 1(2)(c) where the applicant has had a qualifying
immigration status for only part of the qualifying period;
(bb)
treat the applicant as fulfilling the requirement specified in
paragraph 1(2)(d) where the applicant has had probationary
35
citizenship leave but it expired in the qualifying period;”.
(6)
Omit paragraph (c) of that sub-paragraph.
(7)
Before paragraph (d) of that sub-paragraph, insert—
“(ca)
treat the applicant as fulfilling the requirement specified in
paragraph 1(2)(e) although the applicant has not been in
40
continuous employment since the date of the grant
mentioned there;”.
(8)
In paragraph (d) of that sub-paragraph—
(a)
for “1(2)(d)” substitute “1(2)(f)”, and
(b)
for “period there mentioned” substitute “qualifying period”.
45

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
31

(9)
After that sub-paragraph insert—
    “(2)
If in the special circumstances of a particular case that is an armed
forces case or an exceptional Crown service case the Secretary of
State thinks fit, the Secretary of State may for the purposes of
paragraph 1 waive the need to fulfil all or any of the requirements
5
specified in paragraph 1(2).
      (3)
An armed forces case is a case where, on the date of the application,
the applicant is or has been a member of the armed forces.
      (4)
An exceptional Crown service case is a case where—
(a)
the applicant is, on the date of the application, serving
10
outside the United Kingdom in Crown service under the
government of the United Kingdom; and
(b)
the Secretary of State considers the applicant’s performance
in the service to be exceptional.”
(10)
After sub-paragraph (4) (inserted by subsection (9) above) insert—
15
    “(5)
In paragraph 1(2)(e) and sub-paragraph (1)(ca) of this paragraph,
“employment” includes self-employment.”
(11)
After paragraph 2 insert—
“2A   (1)
A person has a qualifying immigration status for the purposes of
paragraph 1(2) if the person has—
20
(a)
qualifying temporary residence leave;
(b)
probationary citizenship leave;
(c)
permanent residence leave;
(d)
a qualifying CTA entitlement;
(e)
a Commonwealth right of abode; or
25
(f)
a temporary or permanent EEA entitlement.
      (2)
A person who is required for those purposes to have a qualifying
immigration status for the whole of the qualifying period need not
have the same qualifying immigration status for the whole of that
period.”
30
40
Application requirements: family members etc.
(1)
In section 6 of the British Nationality Act 1981 (c. 61) (acquisition of British
citizenship by naturalisation), in subsection (2), for “is married to a British
citizen or is the civil partner of a British citizen” substitute “has a relevant
family association”.
35
(2)
After that subsection insert—
“(3)
For the purposes of this section and Schedule 1, a person (“A”) has a
relevant family association if A has a connection of a prescribed
description to a person of a prescribed description.
(4)
If in the special circumstances of any particular case the Secretary of
40
State thinks fit, the Secretary of State may for the purposes of subsection
(3) treat A as having a relevant family association on the date of the
application although the relevant family association ceased to exist
before that date.”

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
32

(3)
For paragraph 3 of Schedule 1 to that Act (requirements for naturalisation as a
British citizen under section 6(2) of that Act) substitute—
“3    (1)
Subject to paragraph 4, the requirements for naturalisation as a
British citizen under section 6(2) are, in the case of any person (“A”)
who applies for it—
5
(a)
the requirements specified in sub-paragraph (2) of this
paragraph;
(b)
the requirement specified in sub-paragraph (3) of this
paragraph;
(c)
that A is of good character;
10
(d)
that A has a sufficient knowledge of the English, Welsh or
Scottish Gaelic language; and
(e)
that A has sufficient knowledge about life in the United
Kingdom.
      (2)
The requirements referred to in sub-paragraph (1)(a) are—
15
(a)
that A was in the United Kingdom at the beginning of the
qualifying period;
(b)
that the number of days on which A was absent from the
United Kingdom in each year of the qualifying period does
not exceed 90;
20
(c)
that, subject to sub-paragraph (5)—
(i)
A had a relevant family association for the whole of
the qualifying period, and
(ii)
A had a qualifying immigration status for the whole
of that period;
25
(d)
that on the date of the application—
(i)
A has probationary citizenship leave, or permanent
residence leave, based on A’s having the relevant
family association referred to in section 6(2), or
(ii)
A has a qualifying CTA entitlement or a
30
Commonwealth right of abode; and
(e)
that A was not at any time in the qualifying period in the
United Kingdom in breach of the immigration laws.
      (3)
The requirement referred to in sub-paragraph (1)(b) is—
(a)
that A’s intentions are such that, in the event of a certificate
35
of naturalisation as a British citizen being granted to A, A’s
home or (if A has more than one) A’s principal home will be
in the United Kingdom;
(b)
that A intends, in the event of such a certificate being granted
to A, to enter into, or continue in, service of a description
40
mentioned in sub-paragraph (4); or
(c)
that, in the event of such a certificate being granted to A—
(i)
the person with whom A has the relevant family
association referred to in section 6(2) (“B”) intends to
enter into, or continue in, service of a description
45
mentioned in sub-paragraph (4); and
(ii)
A intends to reside with B for the period during
which B is in the service in question.
      (4)
The descriptions of service referred to in sub-paragraph (3) are—

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
33

(a)
Crown service under the government of the United
Kingdom;
(b)
service under an international organisation of which the
United Kingdom, or Her Majesty’s government in the United
Kingdom, is a member; or
5
(c)
service in the employment of a company or association
established in the United Kingdom.
      (5)
Where the relevant family association referred to in section 6(2) is (in
accordance with regulations under section 41(1)(a)) that A is the
partner of a person who is a British citizen or who has permanent
10
residence leave—
(a)
the requirement specified in sub-paragraph (2)(c)(i) is
fulfilled only if A was that person’s partner for the whole of
the qualifying period, and
(b)
for the purposes of sub-paragraph (2)(c)(ii), A can rely upon
15
having a qualifying immigration status falling within
paragraph 4A(1)(a), (b) or (c) only if that partnership is the
relevant family association upon which the leave to which
the status relates is based.
      (6)
For the purposes of sub-paragraph (5), A is a person’s partner if—
20
(a)
that person is A’s spouse or civil partner or is in a
relationship with A that is of a description that the
regulations referred to in that sub-paragraph specify, and
(b)
the marriage, civil partnership or other relationship satisfies
the conditions (if any) that those regulations specify.
25
      (7)
For the purposes of sub-paragraph (5), the relationship by reference
to which A and the other person are partners need not be of the same
description for the whole of the qualifying period.”
(4)
For paragraph 4 of that Schedule substitute—
“4
If in the special circumstances of any particular case the Secretary of
30
State thinks fit, the Secretary of State may for the purposes of
paragraph 3 do all or any of the following, namely—
(a)
treat A as fulfilling the requirement specified in paragraph
3(2)(b), although the number of days on which A was absent
from the United Kingdom in a year of the qualifying period
35
exceeds 90;
(b)
treat A as having been in the United Kingdom for the whole
or any part of any period during which A would otherwise
fall to be treated under paragraph 9(1) as having been absent;
(c)
treat A as fulfilling the requirement specified in paragraph
40
3(2)(c)(i) (including where it can be fulfilled only as set out in
paragraph 3(5)) where a relevant family association of A’s
has ceased to exist;
(d)
treat A as fulfilling the requirement specified in paragraph
3(2)(c)(ii) (including where it can be fulfilled only as set out in
45
paragraph 3(5)) where A has had a qualifying immigration
status for only part of the qualifying period;
(e)
treat A as fulfilling the requirement specified in paragraph
3(2)(d) where A has had probationary citizenship leave but it
expired in the qualifying period;
50