Borders, Citizenship and Immigration Bill [HL]

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Borders, Citizenship and Immigration Bill [HL]

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
41

(b)
whether, on an application under section 1(3) or 4(2) made on or
after the relevant day, a person is entitled to be registered as a
British citizen, or
(c)
whether, on an application under section 6(1) or (2) made on or
after the relevant day, the applicant fulfils the requirements of
5
Schedule 1 for naturalisation as a British citizen under section
6(1) or (2).
(3)
But that is subject to section 48(3)(d) and (4) of the Borders, Citizenship
and Immigration Act 2009 (saving in relation to section 11 of the
Nationality, Immigration and Asylum Act 2002).
10
(4)
A person is in the United Kingdom in breach of the immigration laws
if (and only if) the person—
(a)
is in the United Kingdom;
(b)
does not have the right of abode in the United Kingdom within
the meaning of section 2 of the Immigration Act 1971;
15
(c)
does not have leave to enter or remain in the United Kingdom
(whether or not the person previously had leave);
(d)
does not have a qualifying CTA entitlement;
(e)
is not entitled to reside in the United Kingdom by virtue of any
provision made under section 2(2) of the European
20
Communities Act 1972 (whether or not the person was
previously entitled);
(f)
is not entitled to enter and remain in the United Kingdom by
virtue of section 8(1) of the Immigration Act 1971 (crew)
(whether or not the person was previously entitled); and
25
(g)
does not have the benefit of an exemption under section 8(2) to
(4) of that Act (diplomats, soldiers and other special cases)
(whether or not the person previously had the benefit of an
exemption).
(5)
For the purposes of subsection (4)(d), a person has a qualifying CTA
30
entitlement if the person—
(a)
is a citizen of the Republic of Ireland,
(b)
last arrived in the United Kingdom on a local journey (within
the meaning of the Immigration Act 1971) from the Republic of
Ireland, and
35
(c)
on that arrival, was a citizen of the Republic of Ireland and was
entitled to enter without leave by virtue of section 1(3) of the
Immigration Act 1971 (entry from the common travel area).
(6)
Section 11(1) of the Immigration Act 1971 (person deemed not to be in
the United Kingdom before disembarkation, while in controlled area or
40
while under immigration control) applies for the purposes of this
section as it applies for the purposes of that Act.
(7)
This section is without prejudice to the generality of—
(a)
a reference to being in a place outside the United Kingdom in
breach of immigration laws, and
45
(b)
a reference in a provision other than one specified in subsection
(1) to being in the United Kingdom in breach of immigration
laws.

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
42

(8)
The relevant day for the purposes of subsection (2) is the day appointed
for the commencement of section 48 of the Borders, Citizenship and
Immigration Act 2009 (which inserted this section).”
(2)
Section 11 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (“the
2002 Act”) (unlawful presence in the United Kingdom) ceases to have effect.
5
(3)
Notwithstanding its repeal, section 11 of the 2002 Act is to continue to have
effect for the purpose of determining on or after the relevant day—
(a)
whether a person born before the relevant day is a British citizen under
section 1(1) of the British Nationality Act 1981 (c. 61),
(b)
whether, on an application under section 1(3) or 4(2) of that Act made
10
but not determined before the relevant day, a person is entitled to be
registered as a British citizen,
(c)
whether, on an application under section 6(1) or (2) of that Act made
but not determined before the relevant day, the applicant fulfils the
requirements of Schedule 1 for naturalisation as a British citizen under
15
section 6(1) or (2) of that Act, or
(d)
whether, in relation to an application under section 1(3) or 6(1) or (2) of
that Act made on or after the relevant day, a person was in the United
Kingdom “in breach of the immigration laws” at a time before 7
November 2002 (the date of commencement of section 11 of the 2002
20
Act).
(4)
Where section 11 of the 2002 Act continues to have effect by virtue of
paragraph (d) of subsection (3) for the purpose of determining on or after the
relevant day the matter mentioned in that paragraph, section 50A of the British
Nationality Act 1981 is not to apply for the purpose of determining that matter.
25
(5)
The relevant day for the purposes of subsection (3) is the day appointed for the
commencement of this section.
(6)
In paragraph 7(a) of Schedule 3 to the 2002 Act (definition of persons
unlawfully in the UK who are ineligible for support), for “section 11” substitute
“section 50A of the British Nationality Act 1981”.
30
49
Other interpretation etc.
(1)
In section 50 of the British Nationality Act 1981 (interpretation), after
subsection (1), insert—
“(1A)
Subject to subsection (1B), references in this Act to being a member of
the armed forces are references to being—
35
(a)
a member of the regular forces within the meaning of the
Armed Forces Act 2006, or
(b)
a member of the reserve forces within the meaning of that Act
subject to service law by virtue of paragraph (a), (b) or (c) of
section 367(2) of that Act.
40
(1B)
A person is not to be regarded as a member of the armed forces by
virtue of subsection (1A) if the person is treated as a member of a
regular or reserve force by virtue of—
(a)
section 369 of the Armed Forces Act 2006, or
(b)
section 4(3) of the Visiting Forces (British Commonwealth) Act
45
1933.”

Borders, Citizenship and Immigration Bill [HL]
Part 2 — Citizenship
43

(2)
In Schedule 1 to that Act (requirements for naturalisation as a British citizen),
in paragraph 9(1), for “paragraph 2(b)” substitute “paragraph 2(1)(b) or 4(b)”.
(3)
After paragraph 10 of that Schedule insert—
“11   (1)
This paragraph applies for the purposes of this Schedule.
      (2)
A person has qualifying temporary residence leave if—
5
(a)
the person has limited leave to enter or remain in the United
Kingdom, and
(b)
the leave is granted for a purpose by reference to which a
grant of probationary citizenship leave may be made.
      (3)
A person has probationary citizenship leave if—
10
(a)
the person has limited leave to enter or remain in the United
Kingdom, and
(b)
the leave is of a description identified in rules under section
3 of the Immigration Act 1971 as “probationary citizenship
leave”,
15

and the reference in sub-paragraph (2) to a grant of probationary
citizenship leave is to be construed accordingly.
      (4)
A person has permanent residence leave if the person has indefinite
leave to enter or remain in the United Kingdom.
      (5)
A person has a qualifying CTA entitlement if the person—
20
(a)
is a citizen of the Republic of Ireland,
(b)
last arrived in the United Kingdom on a local journey (within
the meaning of the Immigration Act 1971) from the Republic
of Ireland, and
(c)
on that arrival, was a citizen of the Republic of Ireland and
25
was entitled to enter without leave by virtue of section 1(3) of
the Immigration Act 1971 (entry from the common travel
area).
      (6)
A person has a Commonwealth right of abode if the person has the
right of abode in the United Kingdom by virtue of section 2(1)(b) of
30
the Immigration Act 1971.
      (7)
A person has a permanent EEA entitlement if the person is entitled
to reside in the United Kingdom permanently by virtue of any
provision made under section 2(2) of the European Communities Act
1972.
35
      (8)
A person has a temporary EEA entitlement if the person does not
have a permanent EEA entitlement but is entitled to reside in the
United Kingdom by virtue of any provision made under section 2(2)
of the European Communities Act 1972.
      (9)
A reference in this paragraph to having leave to enter or remain in
40
the United Kingdom is to be construed in accordance with the
Immigration Act 1971.”

Borders, Citizenship and Immigration Bill [HL]
Part 3 — Immigration
44

Part 3
Immigration
Common Travel Area
50
Common Travel Area
(1)
In section 1(3) of the Immigration Act 1971 (c. 77) (general principles: the
5
common travel area), for the words from the beginning to “a person” substitute
“A person who arrives in the United Kingdom on a local journey from any of
the Islands or the Republic of Ireland shall not”.
(2)
In section 11(2) of that Act (meaning of disembark and embark), in paragraphs
(a) and (b), omit “or elsewhere in the common travel area”.
10
Studies
51
Restriction on studies
(1)
In section 3(1)(c) of the Immigration Act 1971 (conditions that may be imposed
on limited leave to enter or remain in the United Kingdom), after sub-
paragraph (i) insert—
15
“(ia)
a condition restricting his studies in the United
Kingdom;”.
(2)
A condition under section 3(1)(c)(ia) of that Act may be added as a condition to
leave given before the passing of this Act (as well as to leave given on or after
its passing).
20
Fingerprinting
52
Fingerprinting of foreign criminals liable to automatic deportation
(1)
Section 141 of the Immigration and Asylum Act 1999 (c. 33) (persons from
whom fingerprints may be taken) is amended as follows.
(2)
In subsection (7)(f), after “persons” insert “, other than a dependant of a person
25
who falls within paragraph (c) by reason of a relevant immigration decision
within subsection (16)(b) having been made in respect of that person”.
(3)
In subsection (16)—
(a)
after “means” insert “—”,
(b)
the words from “a decision” to the end become paragraph (a), and
30
(c)
after that paragraph insert “, or
(b)
a decision that section 32(5) of the UK Borders Act 2007
applies (whether made before, or on or after, the day
appointed for the commencement of section 52 of the
Borders, Citizenship and Immigration Act 2009 which
35
inserted this paragraph)”.