Part IU.K. Immigration: General

OffencesU.K.

28 Deception.U.K.

In the 1971 Act, after section 24, insert—

24A Deception.

(1)A person who is not a British citizen is guilty of an offence if, by means which include deception by him—

(a)he obtains or seeks to obtain leave to enter or remain in the United Kingdom; or

(b)he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.

(2)Enforcement action”, in relation to a person, means—

(a)the giving of directions for his removal from the United Kingdom (“directions”) under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999;

(b)the making of a deportation order against him under section 5 of this Act; or

(c)his removal from the United Kingdom in consequence of directions or a deportation order.

(3)A person guilty of an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4)The extended time limit for prosecutions which is provided for by section 28 applies to an offence under this section.