Immigration Act 2014
PART 1Removal and other powers
Removal
1Removal of persons unlawfully in the United Kingdom
2Restriction on removal of children and their parents etc
3Independent Family Returns Panel
Powers of immigration officers
4Enforcement powers
Detention and bail
5Restrictions on detention of unaccompanied children
6Pre-departure accommodation for families
7Immigration bail: repeat applications and effect of removal directions
Biometrics
8Provision of biometric information with immigration applications
9Identifying persons liable to detention
10Provision of biometric information with citizenship applications
11Biometric immigration documents
12Meaning of “biometric information”
13Safeguards for children
14Use and retention of biometric information
PART 2Appeals etc
15Right of appeal to First-tier Tribunal
16Report by Chief Inspector on administrative review
17Place from which appeal may be brought or continued
18Review of certain deportation decisions by Special Immigration Appeals Commission
19Article 8 of the ECHR: public interest considerations
PART 3Access to services etc
CHAPTER 1Residential tenancies
Key interpretation
20Residential tenancy agreement
21Persons disqualified by immigration status or with limited right to rent
Penalty notices
22Persons disqualified by immigration status not to be leased premises
23Penalty notices: landlords
24Excuses available to landlords
25Penalty notices: agents
26Excuses available to agents
27Eligibility period
28Penalty notices: general
Objections, appeals and enforcement
29Objection
30Appeals
31Enforcement
Codes of practice
32General matters
33Discrimination
General
34Orders
35Transitional provision
36Crown application
37Interpretation
CHAPTER 2Other services etc
National Health Service
38Immigration health charge
39Related provision: charges for health services
Bank accounts
40Prohibition on opening current accounts for disqualified persons
41Regulation by Financial Conduct Authority
42“Bank” and “building society”
43Power to amend
Work
44Appeals against penalty notices
45Recovery of sums payable under penalty notices
Driving licences
46Grant of driving licences: residence requirement
47Revocation of driving licences on grounds of immigration status
PART 4Marriage and civil partnership
CHAPTER 1Referral and investigation of proposed marriages and civil partnerships
Investigation
48Decision whether to investigate
49Exempt persons
50Conduct of investigation
51Investigations: supplementary
Referral
52Referral of proposed marriages and civil partnerships in England and Wales
Scotland and Northern Ireland
53Extension of scheme to Scotland and Northern Ireland
54Supplementary provision
CHAPTER 2Sham marriage and civil partnership
55Meaning of “sham marriage” and “sham civil partnership”
56Duty to report suspicious marriages and civil partnerships
CHAPTER 3Other provisions
Persons not relevant nationals etc: marriage on superintendent registrar’s certificates
57Solemnization of marriage according to rites of Church of England
58Requirement as to giving of notice of marriage or civil partnership
Information
59Information
Miscellaneous
60Regulations about evidence
61Notices
62Interpretation of this Part
PART 5Oversight
Office of the Immigration Services Commissioner
63Immigration advisers and immigration service providers
Police Ombudsman for Northern Ireland
64Police Ombudsman for Northern Ireland
PART 6Miscellaneous
Citizenship
65Persons unable to acquire citizenship: natural father not married to mother
66Deprivation if conduct seriously prejudicial to vital interests of the UK
Embarkation checks
67Embarkation checks
Fees
68Fees
69Fees orders and fees regulations: supplemental
70Power to charge fees for attendance services in particular cases
Welfare of children
71Duty regarding the welfare of children
PART 7Final provisions
72Financial provision
73Transitional and consequential provision
74Orders and regulations
75Commencement
76Extent
77Short title
SCHEDULES
SCHEDULE 1Enforcement powers
1Power to escort detained persons
2Power to search detained persons
3Entry and search of premises
4In sections 28J(11) and 28K(14) of the Immigration Act 1971...
5General power to use reasonable force
SCHEDULE 2Meaning of biometric information
1Immigration Act 1971 (c. 77)
2Immigration and Asylum Act 1999 (c. 33)
3Nationality, Immigration and Asylum Act 2002 (c. 41)
4(1) Section 127 of that Act (voluntary provision of physical...
5Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
SCHEDULE 3Excluded residential tenancy agreements
1Social housing
2(1) This paragraph applies for the purposes of paragraph 1....
3Care homes
4Hospitals and hospices
5Other accommodation relating to healthcare provision
6Hostels and refuges
7Accommodation from or involving local authorities
8Accommodation provided by virtue of immigration provisions
9Mobile homes
10Tied accommodation
11Student accommodation
12An agreement under which accommodation is provided to a student...
13Long leases
14Interpretation
SCHEDULE 4Referral of proposed marriages and civil partnerships in England and Wales
PART 1Marriage
1Introduction
2Supply of additional information and evidence
3(1) After section 27 insert— Entry of particulars in notice...
4After section 27D insert— Additional information if party not relevant...
5In section 28 (declaration to accompany notice of marriage), in...
6(1) Section 28A (power to require evidence) is amended in...
7After section 28A insert— Provision of evidence (1) A notice of marriage under section 27 must, in...
8Referral to Secretary of State
9Before Schedule 4 insert— SCHEDULE 3A Modifications if proposed marriage...
10Notice period
11Marriage referred to Secretary of State: issue of certificates
12Certificates
13One party resident in Scotland
14Proof of certain matters not necessary to validity of marriages
15Regulations etc
16Offences
17Relevant nationals
PART 2Civil partnership
18Introduction
19Supply of additional information and evidence
20After section 8 insert— Additional information if party not relevant...
21For section 9 substitute— Evidence (1) A notice of proposed civil partnership under section 8...
22Notice period
23(1) Section 12 (power to shorten the waiting period) is...
24Referral to Secretary of State
25After Schedule 3 insert— SCHEDULE 3A Modifications if proposed civil...
26Civil partnership referred to Secretary of State: issue of civil partnership schedule
27Relevant nationals
28Regulations and orders
29Proof of certain matters not necessary to validity of civil partnership
SCHEDULE 5Sham marriage and civil partnership: administrative regulations
1Introduction
2Notices
3Evidence
4Change of address
5Referral
6Applications for shortening of waiting period
SCHEDULE 6Information
PART 1Disclosure of information etc where proposed marriage or civil partnership referred to Secretary of State
1(1) This paragraph applies if— (a) a superintendent registrar refers...
PART 2Disclosure of information etc for immigration purposes etc
2Disclosures by registration officials
3A registration official may disclose to another registration official—
4Disclosures by the Secretary of State
PART 3Disclosure of information etc for prevention of crime etc
5(1) A registration official may— (a) disclose any information held...
PART 4General provisions
6Limitations on powers
7No breach of confidentiality etc
8Retention, copying and disposal of documents
9Saving for existing powers
10Meaning of “registration official”
SCHEDULE 7Immigration advisers and immigration service providers
1Introductory
2Removal of Commissioner’s power of exemption from registration
3Waiver of fees for registration
4Cancellation of registration by Commissioner
5Suspension of registration
6Inspections
7Complaints and investigations
8Power of entry and inspection
SCHEDULE 8Embarkation checks
PART 1Functions exercisable by designated persons
1Introduction
2Examinations by designated person
3Information and documents
4Embarkation cards
5Designations
6Directions to carriers and operators of ports
PART 2Other provision
7Offences
SCHEDULE 9Transitional and consequential provision
PART 1Provision relating to removal
1Immigration Act 1971 (c. 77)
2Special Immigration Appeals Commission Act 1997 (c. 68)
3Nationality, Immigration and Asylum Act 2002 (c. 41)
4Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19)
5Immigration, Asylum and Nationality Act 2006 (c. 13)
6Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
7Consequential repeals
PART 2Provision relating to detention and bail
8Prison Act 1952 (c. 52)
9Immigration Act 1971 (c. 77)
10Special Immigration Appeals Commission Act 1997 (c. 68)
11Northern Ireland Act 1998 (c. 47)
12Immigration and Asylum Act 1999 (c. 33)
13Nationality, Immigration and Asylum Act 2002 (c. 41)
14Safeguarding Vulnerable Groups Act 2006 (c. 47)
15Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)
16UK Borders Act 2007 (c. 30)
PART 3Provision relating to biometrics
17Immigration and Asylum Act 1999 (c. 33)
18Anti-terrorism, Crime and Security Act 2001 (c. 24)
19Nationality, Immigration and Asylum Act 2002 (c. 41)
PART 4Provision relating to appeals
20Immigration Act 1971 (c. 77)
21(1) Section 3C (continuation of leave pending variation decision) is...
22(1) Section 3D (continuation of leave following revocation) is amended...
23In Schedule 2 (administrative provisions as to control on entry...
24In Schedule 3 (supplementary provisions as to deportation), in paragraph...
25British Nationality Act 1981 (c. 61)
26Special Immigration Appeals Commission Act 1997 (c. 68)
27Immigration and Asylum Act 1999 (c. 33)
28Section 23 (monitoring refusals of entry clearance) is repealed.
29(1) Section 141 (fingerprinting) is amended as follows.
30Nationality, Immigration and Asylum Act 2002 (c. 41)
31In section 72 (serious criminal), in subsection (9)(a)—
32In section 79 (deportation order: appeal), in subsection (1) for...
33For the heading to Part 5, substitute “Appeals in respect...
34In section 85 (matters to be considered)—
35Section 85A (matters to be considered: new evidence: exceptions) is...
36In section 86 (determination of appeal)— (a) in subsection (1),...
37Sections 87 to 91 are repealed.
38(1) Section 94 (appeal from within the United Kingdom) is...
39In section 94A (European Common List of Safe Countries of...
40Section 95 (appeal from outside the United Kingdom: removal) is...
41(1) Section 96 (earlier right of appeal) is amended as...
42In section 97 (national security etc)— (a) in subsection (1),...
43In section 97A (national security: deportation)— (a) in subsection (2B),...
44Section 97B (variation of leave on grounds of public good:...
45Section 98 (other grounds of public good) is repealed.
46In section 99— (a) in the heading, for “Sections 97...
47(1) Section 104 (pending appeal) is amended as follows.
48(1) Section 105 (notice of immigration decision) is amended as...
49In section 106 (rules)— (a) in subsection (3), omit “,...
50In section 107 (practice directions), in subsection (3), omit “,...
51In section 108 (forged documents: proceedings in private), in subsection...
52In section 112 (regulations etc)— (a) omit subsection (3A);
53(1) Section 113 (interpretation) is amended as follows.
54Section 115 (appeal from within United Kingdom: unfounded human rights...
55For section 120 (requirement to state additional grounds for application)...
56Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)
57Immigration, Asylum and Nationality Act 2006 (c. 13)
58UK Borders Act 2007 (c. 30)
59Equality Act 2010 (c. 15)
60Consequential repeals
PART 5Provision relating to employment
61Immigration, Asylum and Nationality Act 2006 (c. 13)
PART 6Provision relating to driving licences
62Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))
63Road Traffic Act 1988 (c. 52)
64Road Safety Act 2006 (c. 49)
65Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10))
PART 7Provision relating to marriage and civil partnership
66Transitional provision
PART 8Provision relating to immigration advisers and immigration service providers
67Transitional provision
68(1) In the provisions listed in sub-paragraph (2)—
69(1) The provisions listed in paragraph 68(2) (apart from paragraph...
PART 9Provision relating to persons unable to acquire nationality because natural father not married to mother
70British Nationality Act 1981
71British Nationality (General) Regulations 2003
PART 10Provision relating to embarkation checks
72Transitional provision
PART 11Provision relating to fees
73Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)
74Immigration, Asylum and Nationality Act 2006 (c. 13)
75UK Borders Act 2007 (c. 30)
76Consequential repeals

Immigration Act 2014

2014 Chapter 22

An Act to make provision about immigration law; to limit, or otherwise make provision about, access to services, facilities and employment by reference to immigration status; to make provision about marriage and civil partnership involving certain foreign nationals; to make provision about the acquisition of citizenship by persons unable to acquire it because their fathers and mothers were not married to each other and provision about the removal of citizenship from persons whose conduct is seriously prejudicial to the United Kingdom’s vital interests; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—