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| | Page 32, line 18 [Clause 40], after first ‘the’, insert ‘average’. |
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| | Page 35, line 21 [Clause 41], 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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| | Page 35, line 21 [Clause 41], at end insert— |
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| | | ‘(6) | Such prescribed activities may not include those activities that could be |
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| | | considered in the interests of a single political party.’. |
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| | Page 36, line 14 [Clause 41], at end insert— |
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| | | ‘(5A) | None of the conditions in section 41(1) shall apply to anyone who entered the |
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| | | United Kingdom under the Highly Skilled Migrants Programme more than four |
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| | | years before the date of commencement appointed by the Secretary of State for |
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| | Page 43, line 42 [Clause 49], at and insert— |
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| | | ‘(10) | The following periods of absence from the labour market shall be disregarded for |
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| | | the purposes of establishing whether an applicant is or has been in “continuous |
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| | | (a) | periods of involuntary unemployment duly recorded by an employment |
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| | | agency or office lasting no more than six months, |
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| | | (b) | all authorised employment absences (whether expressly or by custom) |
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| | | including maternity and paternity leave, illness, temporary cessations of |
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| | | work and sabbaticals, and |
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| | | (c) | other periods of unemployment in circumstances where they have not |
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| | | resulted in the cancellation or refusal of immigration leave.’. |
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| | Page 44, line 4, leave out Clause 50. |
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| Page 45, line 18, leave out Clause 54. |
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| | Page 45, line 21 [Clause 54], leave out paragraph (a). |
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| | Page 45, line 23 [Clause 54], leave out paragraph (c). |
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| | Page 45, line 26 [Clause 54], leave out paragraph (a). |
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| | Page 45, line 28 [Clause 54], leave out paragraph (c). |
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| | Page 45, line 31 [Clause 54], leave out paragraph (a). |
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| | Page 45, line 33 [Clause 54], leave out paragraph (c). |
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| | Page 45, line 33 [Clause 54], at end insert— |
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| | | ‘(3A) | Nothing in section 31A of the Supreme Court Act 1981 (c. 54) (England and |
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| | | Wales transfer from the High Court to the Upper Tribunal), section 25 of the |
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| | | Judicature (Northern Ireland) Act 1978 (c. 23) (Northern Ireland: transfer from |
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| | | the High Court to the Upper Tribunal) or section 20 of the Tribunals, Courts and |
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| | | Enforcement Act 2007 (c. 15) (transfer from the Court of Session to the Upper |
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| | | Tribunal) shall permit the transfer of any application where the application calls |
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| | | into question a decision under— |
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| | | (a) | the British Nationality Act 1981 (c. 61), |
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| | | (b) | any instrument having effect under an enactment within paragraph (a), or |
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| | | (c) | any other provision of law for the time being in force which determines |
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| | | British citizenship, British overseas territories citizenship, the status of a |
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| | | British National (Overseas) or British Overseas citizenship.’. |
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| | Page 45, line 33 [Clause 54], at end insert— |
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| | | ‘(3A) | The Secretary of State must by affirmative order make provision for the transfer |
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| | | of fresh claim applications made under rule 353 of the Immigration Rules to the |
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| | | (3B) | An order under the above subsection may not be made until after the Asylum and |
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| | | Immigration jurisdiction has been transferred to the First Tier Tribunal and Upper |
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| | Page 46, line 9 [Clause 55], at end insert— |
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| | | ‘(1A) | In section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act |
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| | | 2004 (c. 19) (trafficking people for exploitation), after section 4(5) add— |
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| | | “(5A) | The Secretary of State shall publish a code of conduct to guide Entry |
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| | | Clearance Officers in their treatment of applications which they suspect |
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| | | involve human trafficking.”’. |
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| | Page 46, line 39 [Clause 56], at end insert— |
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| | | ‘(5A) | The Secretary of State shall collect and publish statistics regarding detention of |
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| | | children during the relevant period, on a regular basis.’. |
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| | Page 46, line 39 [Clause 56], at end insert— |
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| | | ‘(5A) | The Secretary of State has a duty to ensure that children held in detention |
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| | | (a) | have access to counselling; |
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| | | (b) | have access to English language classes; and |
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| | | (c) | receive education classes that are equivalent to what they would be |
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| | | entitled to if placed in state school education.’. |
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| | Page 46, line 39 [Clause 56], at end insert— |
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| | | ‘(5A) | The Secretary of State shall collect and publish monthly statistics regarding the |
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| | | detention of children, including figures relating to, the number of children |
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| | | detained, the average length of period in detention, and the number of children |
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| | | with the same family in detention, their ages, nationalities and where they are |
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| | | Page 46, line 39 [Clause 56], at end insert— |
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| | | ‘(5A) | The Director of Border Revenue and the Secretary of State have a duty, in the |
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| | | need to safeguard the welfare of children, to ensure that dawn raids are not used |
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| | | (a) | remove and/or deport families with children, who are failed asylum |
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| | | seekers or illegal immigrants; or |
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| | | (b) | remove and/or deport children of failed asylum seekers or illegal |
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| | | Page 47, line 22 [Clause 58], leave out ‘54’ and insert ‘[Transfer of certain |
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| | immigration judicial review applications]’. |
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| | | Page 47, line 37 [Clause 59], leave out ‘54 (transfer of immigration or nationality |
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| | judicial review applications)’ and insert ‘[Transfer of certain immigration judicial review |
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| | applications] (transfer of certain immigration judicial review applications)’. |
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| | Page 47, line 39 [Clause 59], at end insert ‘, provided this is no sooner than two |
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| | years after the date of Royal Assent,’. |
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| | Page 48, line 11 [Clause 59], at end insert— |
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| | | ‘(8A) | An order commencing sections 39 to 41 (acquisition of British citizenship by |
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| | | naturalisation) must include provision that the amendments made by those |
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| | | sections do not have effect in relation to an application for naturalisation as a |
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| | | (a) | the date of the application is before the date on which those sections come |
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| | | into force in accordance with the order (“the date of commencement”), or |
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| | | (b) | the date of the application is before the end of the period of 24 months |
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| | | beginning with the date of commencement and the application is made |
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| | | by a person who falls within subsection (8B) or (8C). |
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| | | (8B) | A person falls within this subsection if on the date of commencement the person |
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| | | has indefinite leave to remain in the United Kingdom. |
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| | | (8C) | A person falls within this subsection if the person is given indefinite leave to |
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| | | remain in the United Kingdom on an application— |
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| | | (a) | the date of which is before the date of commencement, and |
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| | | (b) | which is decided after the date of commencement. |
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| | | (8D) | The reference in subsection (8A) to an order commencing sections 39 to 41 does |
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| | | not include an order commencing those sections for the purpose only of enabling |
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| | | regulations to be made under the British Nationality Act 1981 (c. 61).’. |
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| | | Page 48, line 24 [Clause 59], at end insert— |
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| | | ‘( ) | No order may be made commencing section [Transfer of certain immigration |
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| | | judicial review applications] (transfer of certain immigration judicial review |
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| | | applications) unless the functions of the Asylum and Immigration Tribunal in |
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| | | relation to appeals under Part 5 of the Nationality, Immigration and Asylum Act |
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| | | 2002 (c. 41) have been transferred under section 30(1) of the Tribunals, Courts |
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| | | and Enforcement Act 2007 (c. 15).’. |
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| | Page 49 [Schedule], leave out lines 6 and 7. |
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| | | Page 50 [Schedule], leave out lines 11 to 15. |
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| | |
| | | Order of the House [2 JUNE 2009] |
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| | | That the following provisions shall apply to the Borders, Citizenship and Immigration |
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| | | 1. | The Bill shall be committed to a Public Bill Committee. |
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| | | Proceedings in Public Bill Committee |
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| | | 2. | Proceedings in the Public Bill Committee shall (so far as not previously |
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| | | concluded) be brought to a conclusion on Thursday 18 June 2009. |
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| | | 3. | The Public Bill Committee shall have leave to sit twice on the first day on |
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| | | Consideration and Third Reading |
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| | | 4. | Proceedings on consideration shall (so far as not previously concluded) be |
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| | | brought to a conclusion one hour before the moment of interruption on the |
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| | | day on which those proceedings are commenced. |
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| | | 5. | Proceedings on Third Reading shall (so far as not previously concluded) be |
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| | | brought to a conclusion at the moment of interruption on that day. |
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| | | 6. | Standing Order No. 83B (Programming committees) shall not apply to |
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| | | proceedings on consideration and Third Reading. |
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| | | 7. | Any other proceedings on the Bill (including any proceedings on |
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| | | consideration of any message from the Lords) may be programmed. |
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| | | The following Notices have been withdrawn: |
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| | Page 34, line 50 [Clause 40], at end insert— |
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| | | ‘(5A) | Failure to satisfy the requirements set out in Schedule 1 to the British Nationality |
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| | | Act 1981 (c. 61) shall not exclude the possibility of the grant of a further period |
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| | | of probationary citizenship, or other immigration leave.’. |
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| | Page 45, line 33 [Clause 54], at end insert— |
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