Criminal Justice and Immigration Act 2008

136 End of designation

(1) Designation lapses if the designated person—

(a) is granted leave to enter or remain in the United Kingdom,

(b) is notified by the Secretary of State or an immigration officer of a right of residence in the United Kingdom by virtue of the Community treaties,

(c) leaves the United Kingdom, or

(d) is made the subject of a deportation order under section 5 of the Immigration Act 1971 (c. 77).

(2) After designation lapses support may not be provided by virtue of section 134, subject to the following exceptions.

(3) Exception 1 is that, if designation lapses under subsection (1)(a) or (b), support may be provided in respect of a period which—

(a) begins when the designation lapses, and

(b) ends on a date determined in accordance with an order of the Secretary of State.

(4) Exception 2 is that, if designation lapses under subsection (1)(d), support may be provided in respect of—

(a) any period during which an appeal against the deportation order may be brought (ignoring any possibility of an appeal out of time with permission),

(b) any period during which an appeal against the deportation order is pending, and

(c) after an appeal ceases to be pending, such period as the Secretary of State may specify by order.