The Immigration Bill: new concepts for the future immigration system
Nov 12, 2009
The UK Border Agency has now published the draft Immigration Bill. The latter is intended as the pinnacle of their efforts in bringing together a new legal framework to simplify and consolidate 40 years of immigration laws put in place by the Immigration Act 1971.
This highly ambitious set of measures is designed to change completely the current body of the immigration law to make the system more straightforward by simplifying the use of rules and facilitating their enforcement.
Current categories, namely leave to enter, leave to remain and entry clearance, are to be replaced by the single concept "Permission" to be in the UK.
According to the proposed bill the new, time-limited, permission will be given for a particular purpose to visit, work or study and will be a subject to conditions such as access to work or public funds. There will be no time limit or conditions attached for those holding permanent residence.
Deportation and administrative removal will be replaced an expulsion order which will require the individual to leave immediately the United Kingdom. The applicantwill not be able to re-enter while the order is in force.
Temporary admission will be replaced by "Immigration Bail" with much tougher conditions and restrictions attached concerning residence, work or study, access to public funds or reporting and electronic monitoring.
It is clear that the Immigration Bill will lead to the eradication of discretion in decision making, a step which was initiated by the government's implementation of its points based system. The lack of discretion will be extended to the system of appeals against decisions taken by the UKBA.
If you wish to find out more about the developments in the UK immigration laws that might affect your leave to enter or remain in the UK call our OISC registered consultant now on 020 3384 3075.
If you have an enquiry relating to your immigration status or you ability to work in the UK, we can assist you in your application. Please contact us or book an appointment.
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