Explanatory Notes

Borders, Citizenship and Immigration Act 2009

2009 CHAPTER 11

21 July 2009

Commentary

Part 3: Immigration

Section 50: Restriction on studies

193.Section 50 amends section 3(1)(c) of the IA 1971 to allow a condition to be imposed on a migrant’s limited leave to enter or remain in the UK, restricting his or her studies whilst here. It will not apply to migrants who are, or have been, granted indefinite leave to enter or remain.

194.This condition could be used, for example, to stipulate an educational institution at which a student migrant is granted leave to study, with the result that any change of institution would require an application to the UK Border Agency for variation of condition. Breach of the condition will be a criminal offence under section 24(1)(b)(ii) of the IA 1971 and may result in removal from the UK.