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Immigration Act 2014

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Changes over time for: Section 2

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Point in time view as at 11/11/2021.

Changes to legislation:

Immigration Act 2014, Section 2 is up to date with all changes known to be in force on or before 18 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

2Restriction on removal of children and their parents etcU.K.

This section has no associated Explanatory Notes

After section 78 of the Nationality, Immigration and Asylum Act 2002, insert—

78ARestriction on removal of children and their parents etc

(1)This section applies in a case where—

(a)a child is to be removed from or required to leave the United Kingdom, and

(b)an individual who—

(i)is a parent of the child or has care of the child, and

(ii)is living in a household in the United Kingdom with the child,

is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”).

(2)During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted—

(a)the child may not be removed from or required to leave the United Kingdom; and

(b)a relevant parent or carer may not be removed from or required to leave the United Kingdom if, as a result, no relevant parent or carer would remain in the United Kingdom.

(3)The relevant appeal rights are exhausted at the time when—

(a)neither the child, nor any relevant parent or carer, could bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and

(b)no appeal brought by the child, or by any relevant parent or carer, is pending within the meaning of section 104.

(4)Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2)—

(a)the giving of a direction for the removal of a person from the United Kingdom,

(b)the making of a deportation order in respect of a person, or

(c)the taking of any other interim or preparatory action.

(5)In this section—

  • child” means a person who is aged under 18;

  • references to a person being removed from or required to leave the United Kingdom are to the person being removed or required to leave in accordance with a provision of the Immigration Acts.

Commencement Information

I1S. 2 in force at 28.7.2014 by S.I. 2014/1820, art. 3(a)

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