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Immigration Act 1971

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Immigration Act 1971 is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part I Regulation of Entry into and Stay in United Kingdom

    1. 1.General principles.

    2. 2.Statement of right of abode in United Kingdom.

    3. 2A.Deprivation of right of abode

    4. 3.General provisions for regulation and control.

    5. 3ZA.Irish citizens

    6. 3A.Further provision as to leave to enter.

    7. 3B.Further provision as to leave to remain.

    8. 3C.Continuation of leave pending variation decision

    9. 3D.Continuation of leave following revocation

    10. 4.Administration of control.

    11. 5.Procedure for, and further provisions as to, deportation.

    12. 6.Recommendations by court for deportation.

    13. 7.Exemption from deportation for certain existing residents.

    14. 8.Exceptions for seamen, aircrews and other special cases.

    15. 8A.Persons ceasing to be exempt.

    16. 8AA.Persons ineligible for leave to enter and remain, entry clearance and ETA

    17. 8B.Persons excluded from the United Kingdom under certain instruments.

    18. 9.Further provisions as to common travel area.

    19. 10.Entry otherwise than by sea or air.

    20. 11.Construction of references to entry, and other phrases relating to travel.

    21. 11A.Working in United Kingdom waters

    22. 11B.Offshore workers: requirements to notify arrival and entry dates etc

  3. PART 1A Electronic travel authorisations

    1. 11C.Electronic travel authorisations

    2. 11D.Electronic travel authorisations and the Islands

  4. Part II Appeals

    1. The appellate authorities

      1. 12. Immigration Appeal Tribunal and adjudicators.

    2. Appeals to adjudicator or Tribunal in first instance

      1. 13. Appeals against exclusion from United Kingdom.

      2. 14.Appeals against conditions.

      3. 15. Appeals in respect of deportation orders.

      4. 16. Appeals against validity of directions for removal.

      5. 17. Appeals against removal on objection to destination.

      6. 18. Notice of matters in respect of which there are rights of appeal.

      7. 19. Determination of appeals by adjudicators.

    3. Appeals from adjudicator to Tribunal, and review of decisions

      1. 20. Appeal to Tribunal from determination of adjudicator.

      2. 21. Reference of cases for further consideration.

    4. Supplementary

      1. 22. Procedure.

      2. 23. Financial support for organisations helping persons with rights of appeal.

  5. Part III Criminal Proceedings

    1. 24.Illegal entry and similar offences.

    2. 24A. Deception.

    3. 24B.Illegal working

    4. 25.Assisting unlawful immigration to member State or the United Kingdom

    5. 25A. Helping asylum-seeker to enter United Kingdom

    6. 25B. Assisting entry to United Kingdom in breach of deportation or exclusion order

    7. 25BA.Facilitation offences: application to rescuers

    8. 25BB.Facilitation offences: defences relating to stowaways

    9. 25C. Forfeiture of vehicle, ship or aircraft

    10. 25D. Detention of ship, aircraft or vehicle

    11. 26. General offences in connection with administration of Act.

    12. 26A. Registration card

    13. 26B. Possession of immigration stamp

    14. 27. Offences by persons connected with ships or aircraft or with ports.

    15. 28.Proceedings.

    16. 28A. Arrest without warrant.

    17. 28AA. Arrest with warrant

    18. 28B.Search and arrest by warrant.

    19. 28C. Search and arrest without warrant.

    20. 28CA. Business premises: entry to arrest

    21. 28D.Entry and search of premises.

    22. 28E. Entry and search of premises following arrest.

    23. 28F.Entry and search of premises following arrest under section 25, 25A, or 25B.

    24. 28FA.Search for personnel records: warrant unnecessary

    25. 28FB. Search for personnel records: with warrant

    26. 28G. Searching arrested persons.

    27. 28H. Searching persons in police custody.

    28. 28ZI.Retention of seized material

    29. 28I. Seized material: access and copying.

    30. 28J. Search warrants: safeguards.

    31. 28K. Execution of warrants.

    32. 28L.Interpretation of Part III.

  6. PART 3A Maritime enforcement

    1. 28LA.Enforcement powers in relation to ships: United Kingdom

    2. 28M.Enforcement powers in relation to ships: England and Wales

    3. 28N.Enforcement powers in relation to ships: Scotland

    4. 28O.Enforcement powers in relation to ships: Northern Ireland

    5. 28P.Hot pursuit of ships in United Kingdom waters

    6. 28PA.Power to seize and dispose of ships etc.

    7. 28Q.Interpretation of Part 3A

  7. Part IV Supplementary

    1. 29. Contributions for expenses of persons returning abroad.

    2. 30. Return of mental patients.

    3. 31. Expenses.

    4. 31A. Procedural requirements as to applications.

    5. 32. General provisions as to Orders in Council, etc.

    6. 33. Interpretation.

    7. 34. Repeal, transitional and temporary.

    8. 35. Commencement, and interim provisions.

    9. 36. Power to extend to Islands.

    10. 37. Short title and extent.

  8. SCHEDULES

    1. SCHEDULE 1

    2. SCHEDULE 2

      Administrative Provisions as to Control on Entry etc.

      1. Part I General Provisions

        1. Immigration officers and medical inspectors

          1. 1.(1) Immigration officers for the purposes of this Act shall...

        2. Examination by immigration officers, and medical examination

          1. 2.(1) An immigration officer may examine any persons within sub-paragraph...

        3. Examination of persons who arrive with continuing leave

          1. 2A.(1) This paragraph applies to a person who has arrived...

          2. 3.(1) An immigration officer or designated person may examine any...

        4. Information and documents

          1. 4.(1) It shall be the duty of any person examined...

          2. 5.The Secretary of State may by order made by statutory...

        5. Designated persons

          1. 5A.(1) In this Schedule “ designated person ” means a...

        6. Directions to carriers and operators of ports etc

          1. 5B.(1) The Secretary of State may direct—

        7. Notice of leave to enter or of refusal of leave

          1. 6.(1) Subject to sub-paragraph (3) below, where a person examined...

        8. Power to require medical examination after entry

          1. 7.(1) This paragraph applies if an immigration officer examining a...

        9. Removal of persons refused leave to enter and illegal entrants

          1. 8.(1) Where a person arriving in the United Kingdom is...

          2. 9.(1) Where an illegal entrant is not given leave to...

          3. 10.(1) Where it appears to the Secretary of State either—...

          4. 10A.Where directions are given in respect of a person under...

          5. 11.A person in respect of whom directions are given under...

        10. Seamen and aircrews

          1. 12.(1) If, on a person’s examination by an immigration officer...

          2. 13.(1) Where a person being a member of the crew...

          3. 14.(1) Where it appears to the Secretary of State that...

          4. 15.A person in respect of whom directions are given under...

        11. Search of premises in connection with removal

          1. 15A.(1) This paragraph applies if— (a) an immigration officer is...

        12. Detention of persons liable to examination or removal

          1. 16.(1) A person who may be required to submit to...

          2. 17.(1) A person liable to be detained under paragraph 16...

          3. 17A.(1) A person liable to be detained under paragraph 16...

          4. 18.(1) Persons may be detained under paragraph 16 above in...

          5. 18A.(1) An immigration officer or constable may search a person...

          6. 18B.(1) Where a person detained under paragraph 16(2) is an...

          7. 19.(1) Where a person is refused leave to enter the...

          8. 20.(1) Subject to the provisions of this paragraph, in either...

        13. Temporary admission or release of persons liable to detention

          1. 21.(1) A person liable to detention or detained under paragraph...

          2. 22.. . . . . . . . . ....

          3. 23.(1) Where a recognizance entered into under paragraph 22 above...

          4. 24.(1) An immigration officer or constable may arrest without warrant...

          5. 25.(1) Tribunal Procedure Rules must make provision with respect to...

        14. Entry and search of premises

          1. 25A.(1) This paragraph applies if— (a) a person is arrested...

        15. Searching persons arrested by immigration officers

          1. 25B.(1) This paragraph applies if a person is arrested under...

        16. Searching persons in police custody

          1. 25C.(1) This paragraph applies if a person—

        17. Entry of premises to search for driving licence

          1. 25CA.(1) An authorised officer may exercise the powers in this...

        18. Searching persons for driving licences

          1. 25CB.(1) An authorised officer may exercise the powers in this...

        19. Seizure and retention of driving licence

          1. 25CC.(1) If an authorised officer who is exercising a power...

        20. Access and copying

          1. 25D.(1) If a person showing himself— (a) to be the...

          2. 25E.Section 28L applies for the purposes of this Schedule as...

        21. Supplementary duties of those connected with ships or aircraft or with ports

          1. 26.(1) The owners or agents of a ship or aircraft...

          2. 27.(1) The captain of a ship or aircraft arriving in...

        22. Supplementary duties of the Concessionaires

          1. 27A. Administrative Provisions as to Control on Entry

        23. Passenger information

          1. 27B.(1) This paragraph applies to ships or aircraft—

          2. 27BA.(1) The Secretary of State may make regulations requiring responsible...

          3. 27BB.(1) The Secretary of State may make regulations imposing penalties...

        24. Notification of non-EEA arrivals

          1. 27C. Administrative Provisions as to Control on Entry

      2. Part II Effect of Appeals

        1. Stay on directions for removal

          1. 28. Administrative Provisions as to Control on Entry

        2. Grant of bail pending appeal

          1. 29.(1) Where a person (in the following provisions of this...

        3. Restrictions on grant of bail

          1. 30.(1) An appellant shall not be released under paragraph 29...

        4. Forfeiture of recognizances

          1. 31.(1) Where under paragraph 29 above (as it applies in...

          2. 32.Where under paragraph 29 above (as it applies in Scotland)...

        5. Arrest of appellants released on bail

          1. 33.(1) An immigration officer or constable may arrest without warrant...

          2. 33A.(1) Tribunal Procedure Rules must make provision with respect to...

        6. Grant of bail pending removal

          1. 34.. . . . . . . . . ....

    3. SCHEDULE 3

      Supplementary Provisions as to Deportation

      1. Removal of persons liable to deportation

        1. 1.(1) Where a deportation order is in force against any...

      2. Detention or control pending deportation

        1. 2.(1) Where a recommendation for deportation made by a court...

      3. Effect of appeals

        1. 3.So far as they relate to an appeal under section...

      4. Powers of courts pending deportation

        1. 4.Where the release of a person recommended for deportation is...

        2. 5.(1) On an application made— (a) by or on behalf...

        3. 6.(1) In this Schedule “ the appropriate court ” means,...

        4. 7.(1) A constable or immigration officer may arrest without warrant...

        5. 8.(1) A person arrested in England or Wales in pursuance...

        6. 9.(1) A person arrested in Scotland in pursuance of paragraph...

        7. 10.Any justice of the peace or court before whom a...

    4. SCHEDULE 4

      Integration with United Kingdom Law of Immigration Law of Islands

      1. Leave to enter

        1. 1.(1) Where under the immigration laws of any of the...

        2. 2.Notwithstanding section 3(4) of this Act, leave given to a...

      2. Deportation

        1. 3.(1) This Act has effect in relation to a person...

      3. Relevant person for purposes of paragraph 3

        1. 3A.(1) For the purposes of paragraph 3, a person is...

      4. Illegal entrants

        1. 4.Notwithstanding anything in section 1(3) of this Act, it shall...

    5. SCHEDULE 4A

      Enforcement powers in relation to ships

      1. PART A1 United Kingdom

        1. A1.Introductory

        2. B1.Power to stop, board, divert and detain

        3. C1.Power to search and obtain information

        4. D1.Power of arrest and seizure

        5. E1.Protective searches of persons

        6. F1.Search for nationality documents

        7. G1.Assistants

        8. H1.Reasonable force

        9. I1.Evidence of authority

        10. J1.Protection of relevant officers

        11. K1.Offences under the law of England and Wales

        12. L1.Offences under the law of Scotland

        13. M1.Offences under the law of Northern Ireland

      2. PART 1 England and Wales

        1. Introductory

          1. 1.(1) This Part of this Schedule sets out the powers...

        2. Power to stop, board, divert and detain

          1. 2.(1) This paragraph applies if a relevant officer has reasonable...

        3. Power to search and obtain information

          1. 3.(1) This paragraph applies if a relevant officer has reasonable...

        4. Power of arrest and seizure

          1. 4.(1) This paragraph applies if a relevant officer has reasonable...

        5. Protective searches of persons

          1. 5.(1) A relevant officer may search a person found on...

        6. Search for nationality documents

          1. 6.(1) A relevant officer may require a person found on...

        7. Assistants

          1. 7.(1) A relevant officer may— (a) be accompanied by other...

        8. Reasonable force

          1. 8.A relevant officer may use reasonable force, if necessary, in...

        9. Evidence of authority

          1. 9.A relevant officer must produce evidence of the officer's authority...

        10. Protection of relevant officers

          1. 10.A relevant officer is not liable in any criminal or...

        11. Offences

          1. 11.(1) A person commits an offence under the law of...

      3. PART 2 Scotland

        1. Introductory

          1. 12.(1) This Part of this Schedule sets out the powers...

        2. Power to stop, board, divert and detain

          1. 13.(1) This paragraph applies if a relevant officer has reasonable...

        3. Power to search and obtain information

          1. 14.(1) This paragraph applies if a relevant officer has reasonable...

        4. Power of arrest and seizure

          1. 15.(1) This paragraph applies if a relevant officer has reasonable...

        5. Protective searches of persons

          1. 16.(1) The relevant officer may search a person found on...

        6. Search for nationality documents

          1. 17.(1) The relevant officer may require a person found on...

        7. Assistants

          1. 18.(1) A relevant officer may— (a) be accompanied by other...

        8. Reasonable force

          1. 19.A relevant officer may use reasonable force, if necessary, in...

        9. Evidence of authority

          1. 20.A relevant officer must produce evidence of the officer's authority...

        10. Protection of relevant officers

          1. 21.A relevant officer is not liable in any criminal or...

        11. Offences

          1. 22.(1) A person commits an offence under the law of...

      4. PART 3 Northern Ireland

        1. Introductory

          1. 23.(1) This Part of this Schedule sets out the powers...

        2. Power to stop, board, divert and detain

          1. 24.(1) This paragraph applies if a relevant officer has reasonable...

        3. Power to search and obtain information

          1. 25.(1) This paragraph applies if a relevant officer has reasonable...

        4. Power of arrest and seizure

          1. 26.(1) This paragraph applies if a relevant officer has reasonable...

        5. Protective searches of persons

          1. 27.(1) The relevant officer may search a person found on...

        6. Search for nationality documents

          1. 28.(1) The relevant officer may require a person found on...

        7. Assistants

          1. 29.(1) A relevant officer may— (a) be accompanied by other...

        8. Reasonable force

          1. 30.A relevant officer may use reasonable force, if necessary, in...

        9. Evidence of authority

          1. 31.A relevant officer must produce evidence of the officer's authority...

        10. Protection of relevant officers

          1. 32.A relevant officer is not liable in any criminal or...

        11. Offences

          1. 33.(1) A person commits an offence under the law of...

    6. SCHEDULE 5

      The Adjudicators and the Tribunal

      1. Part I The Adjudicators

        1. 1.There shall be such number of adjudicators as the Lord...

        2. 2.(1) Subject to the following provisions of this paragraphAn adjudicator...

        3. 3.[(1)] The Lord Chancellor shall pay— (a) to the adjudicators,...

        4. 4. The Adjudicators and the Tribunal

        5. 5.The adjudicators shall sit at such times and in such...

      2. Part II The Tribunal

        1. Members

          1. 6.The Tribunal shall consist of such number of members as...

          2. 7.The president and such number of the other members of...

          3. 8.(1) Subject to the following provisions of this paragraphA member...

          4. 9.[(1)]The Lord Chancellor shall pay— (a) to the members of...

          5. 10. The Adjudicators and the Tribunal

        2. Proceedings

          1. 11.For the purpose of hearing and determining appeals under Part...

          2. 12.Subject to rules of procedure, the Tribunal shall be deemed...

          3. 13.The Lord Chancellor may appoint members of the Tribunal who...

          4. 14.The president or, in his absence, the member qualified as...

      3. Part III Staff and Expenses

        1. 15.The Lord Chancellor may appoint such officers and servants for...

        2. 16.The remuneration of officers and servants appointed as aforesaid, and...

    7. SCHEDULE 6

      Repeals

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