Key Facts

• The new clause will enable swift removal of those who have no right to stay in the UK.
• Clause 21 creates a new expedited appeal process for late human rights or protection claims brought by recipients of a priority removal notice.
• New clause 6 ensures that additional appeals related to an expedited appeal are heard and determined by the Upper Tribunal alongside the expedited appeal.
• Roger Gale outlines the procedural steps for debating new clauses.
• The sequence involves the Minister moving formally, the Clerk reading the title of the clause, and putting questions for its second reading and addition to the Bill.
• Roger Gale suggests there is no point in calling a Division on these questions.
• The expanded categories include appeals under sections 82(1) of the Nationality, Immigration and Asylum Act 2002, section 40A of the British Nationality Act 1981, and regulations concerning EU citizens' rights immigration decisions.
• Tribunal Procedure Rules must ensure that any notice of appeal is given within 5 working days after receiving decision notice.
• The First-tier Tribunal must make a decision within 25 working days after the appellant's notice of appeal.
• The amendments alter Section 260 and introduce new clauses for the early removal of prisoners.
• If a prisoner returns to the UK after being removed, their sentence continues where it left off under modified provisions set out in Schedule 19B.
• The new clauses enable visa penalty provisions for non-cooperative countries.
• Reviews must be conducted every two months after implementation.
• If a country shows sufficient improvement, the Secretary of State must revoke visa penalty provisions.
• The Special Immigration Appeals Commission is granted jurisdiction to review certain immigration decisions based on national security grounds.
• Counter-terrorism powers are extended to question detained entrants away from the place of arrival if they arrived by sea within five days.
• Notice requirements under section 40 of the British Nationality Act 1981 can be disapplied in cases involving national security or public interest.
• The new clauses aim to ensure individuals who need leave to enter the UK also require such permission to work in UK territorial waters.
• Regulations can be made by statutory instrument, subject to annulment by Parliament.
• Immunity from penalties applies if a worker arrives through innocent passage or transit.
• New section 11C provides for immigration rules requiring a person not to travel to the United Kingdom from any place without an ETA.
• Exemptions apply if the individual is a British citizen or entitled to enter without leave upon arrival in the UK.
• New section 11D addresses ETAs related to the Channel Islands and Isle of Man.
• Amends Section 40 of the Immigration and Asylum Act 1999.
• Carriers may charge £2,000 if an individual arrives without proper documents or authorization.
• Provides exemptions from liability under certain conditions.
• The amendments concern Section 10 of the Immigration and Asylum Act 1999.
• Subsections (2) to (6A) modify the existing section regarding unlawful presence in the UK.
• Sections 10A to 10E provide detailed notice requirements for removals, including timelines and conditions.
• The new clause defines an 'age-disputed person' as someone requiring leave to enter or remain in the UK for whom there is insufficient evidence regarding their age.
• This Part includes definitions such as decision-maker, designated person, immigration functions, and local authority.
• New Clause 29 forms a new Part on age assessments inserted between Parts 3 and 4 of the Nationality and Borders Act 2021.
• New clause 30 allows designated persons to conduct age assessments following referrals from public authorities.
• New clause 31 permits age assessments for immigration control even without a prior local authority referral or when disagreeing with their assessment.
• Both new clauses are subject to the balance of probabilities standard.
• New Clause 32 provides use of scientific methods in age assessments.
• New Clause 33 enables regulations about how age assessments must be conducted.
• New Clause 34 establishes a right of appeal to the First-tier Tribunal against age assessment decisions.
• The Nationality and Borders Act 2021 is amended to include provisions for appeals against age assessments.
• Legal aid can be provided for appeals relating to age assessments and applications for interim relief orders under specific conditions.
• The Afghan Citizens Resettlement Scheme will have no limit on the number of individuals resettled in its first year after Royal Assent.
• The Afghan citizens resettlement scheme offers refuge in the UK to up to 20,000 Afghans over the long term with an annual limit of 5,000.
• In contrast, up to 5 million Hongkongers can be welcomed via the British national overseas scheme.
• Some refugees face high risks and may not survive until the end of the year due to the slow processing times.
• During Operation Pitting, about 15,000 people were airlifted out of Afghanistan.
• The Afghan citizens resettlement scheme aims to give up to 20,000 at-risk individuals a new life in the UK.
• Since 2015, over 25,000 vulnerable people have been resettled through non-legislative schemes.
• Local authorities currently volunteer to participate in dispersal arrangements.
• The Home Secretary has reserve powers under sections 100 and 101 of the Immigration and Asylum Act 1999.
• Some councils are feeling undermined by those that do not support asylum seekers.
• More than half of those seeking asylum or resettlement are accommodated by just 6% of local councils representing areas with below-average household incomes.
• Since 2015, local authority participation in asylum dispersal has increased from around 100 to 140.
• A local government chief executive group is working to expand the dispersal system and improve its process.
• The British Nationality Act 1981 is being amended.
• New Clause allows registration as a British citizen if one’s parent had access to the NHS at time of birth.
• Comprehensive sickness insurance requirement is waived if there was access to the NHS in practice.
• The Immigration (European Economic Area) Regulations 2016 included a requirement for comprehensive sickness insurance (CSI).
• Many EU citizens have been refused permanent residence documents and citizenship due to lack of knowledge about the CSI requirement.
• Caseworkers now have discretion to grant citizenship in cases with compelling grounds, but guidance is vague.
• New clause 15 aims to amend the British Nationality Act 1981.
• Registration is available for descendants of persons born on the British Indian Ocean Territory before 1983.
• Both applications for registration as a British Overseas Territories citizen and a British citizen would be free of charge.
• The UK's largest Chagossian diaspora is found in Crawley constituency.
• Citizenship by descent usually extends only one generation in British nationality law.
• A 2002 change allowed some Chagossians to become British citizens but not all.
• New clause 4 aims to fix unfairness regarding family visas for Chagossians.
• The Chagossian people were forcibly removed from their homeland between 1968 and 1974.
• Many second-generation Chagossians have been denied citizenship rights despite being the children of those born on the British Indian Ocean Territory.
• New clause 15 would allow descendants of individuals born before 1983 on the British Indian Ocean Territory to register as British overseas territories citizens and then as British citizens free of charge.
• The minimum income requirement for sponsoring a partner is £18,600.
• It rises to £22,400 if also sponsoring a non-qualifying child, with an additional £2,400 per further such child.
• In February 2017, the Supreme Court upheld the lawfulness of the minimum income requirement under the family immigration rules.
• The new clause would amend the Immigration Act 1971 to provide right of abode for former British-Hong Kong service personnel and their spouses and dependents.
• Approximately 300 Hong Kong servicemen seek UK citizenship, with family inclusion raising the total to about 1,000 people.
• In the early 1990s, only 159 out of 654 British-Hong Kong servicemen who applied were granted UK citizenship under the British nationality selection scheme.