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Immigration Act 2014

Immigration Act 2014. July 2014. Modern Immigration Law. 1971 Immigration Act 1993 Asylum and Immigration Appeals Act 1996 Asylum and Immigration Act 1998 Human Rights Act 1999 Immigration and Asylum Act 2002 Nationality, Immigration & Asylum Act PTO. Modern Immigration Law continued.

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Immigration Act 2014

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  1. Immigration Act 2014 July 2014

  2. Modern Immigration Law • 1971 Immigration Act • 1993 Asylum and Immigration Appeals Act • 1996 Asylum and Immigration Act • 1998 Human Rights Act • 1999 Immigration and Asylum Act • 2002 Nationality, Immigration & Asylum Act • PTO

  3. Modern Immigration Law continued • 2004 Asylum & Immigration (Treatment of Claimants etc) Act • 2006 Immigration, Asylum & Nationality Act • 2007 UK Borders Act • 2009 Border, Citizenship & Immigration Act

  4. Statutory Instruments • Many clauses in each Act grant the power to make regulations. • Statutory Instruments bring parts of each Act into force • Others spell out the details • They are either accepted as a whole or “Prayed against in either House • 115 changes to Immigration Rules

  5. Main Provisions Part 1 Removal & other powers Part 2 Change in Appeal Rights Part 3 Access to services Part 4 Marriage Part 5 & 6 Miscellaneous

  6. Appeals Change to Administrative review unless the application included a Human Rightsissue Restrictions on Immigration Bail applications

  7. Residential Tenancies • Disqualified persons will not be able to rent property or sub-let • A disqualified person is • A person who should have leave to enter but does not have it or • A person whose leave to enter prohibits occupying premises

  8. Exempted premises • Social housing –landlord already restricted • Care Homes • Hospital or Hospice • Refuges managed not for profit • Student accommodation provided by educational establishment

  9. National Health Service • Persons ordinarily resident not charged • Persons who require leave and do not have it will be charged • Persons applying for leave will be charged • £200-250pa/person for NHS use

  10. Bank accounts • Prohibited persons cannot open a bank account

  11. Driving Licences • Prohibited persons cannot obtain one • Licence may be revoked on immigration grounds eg loss of leave to remain

  12. Marriages • Notice to be given increased to 28 days for everyone • Applies to Anglican church as well as others • EEA nationals are exempt from referral and further investigation

  13. Sham marriage One party not an EEA national No genuine relationship Purpose of marriage to gain the benefits of migration to UK Duty to report suspect marriages

  14. Suspect Marriages • Reasonable grounds to suspect the marriage the Home Office can extend the period of notice to 70 days • The couple cannot marry if they do not comply with investigation

  15. Miscellaneous • Changes to the operation of OISC scheme • Deprivation of British citizenship • If obtained by fraud or • Not conducive to public good

  16. Good News • If you were born before 1 July 2006 and • Your father & mother were not married • Your father was a British citizen but • Your mother was not British or settled • Now able to register as a British citizen

  17. Good News 2 ? • Restrictions on removal of children & families • Restrictions on the detention of families • Pre-departure accommodation for families • For the avoidance of doubt this Act does not limit the duty regarding the welfare of children

  18. Good News 2+? • The Secretary of State must consult an Independent Family Returns Panel:- • (a) in each family returns case on how best to safeguard and promote the welfare • of the children in the family and • (b) on the suitability of pre-departure accommodation in that respect

  19. What next? • Further sections will commenced • Regulations & Codes of Practice will be introduced • Guidance will be developed

  20. Caution • This presentation sets out the features of the Immigration Act 2014. • It is not intended to be used as legal advice • Stanley H Platt Advisor to Methodist Church

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