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Nationality, Immigration and Asylum Act 2002

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11 Unlawful presence in United KingdomE+W+S+N.I.

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(1)This section applies for the construction of a reference to being in the United Kingdom “in breach of the immigration laws” in section 4(2) or (4) or 50(5) of, or Schedule 1 to, the British Nationality Act 1981 (c. 61).

(2)A person is in the United Kingdom in breach of the immigration laws if (and only if) he—

(a)is in the United Kingdom,

(b)does not have the right of abode in the United Kingdom within the meaning of section 2 of the Immigration Act 1971,

(c)does not have leave to enter or remain in the United Kingdom (whether or not he previously had leave),

(d)is not a qualified person within the meaning of the Immigration (European Economic Area) Regulations 2000 (S.I. 2000/2326) (person entitled to reside in United Kingdom without leave) (whether or not he was previously a qualified person),

(e)is not a family member of a qualified person within the meaning of those regulations (whether or not he was previously a family member of a qualified person),

(f)is not entitled to enter and remain in the United Kingdom by virtue of section 8(1) of the Immigration Act 1971 (crew) (whether or not he was previously entitled), and

(g)does not have the benefit of an exemption under section 8(2) to (4) of that Act (diplomats, soldiers and other special cases) (whether or not he previously had the benefit of an exemption).

(3)Section 11(1) of the Immigration Act 1971 (person deemed not to be in United Kingdom before disembarkation, while in controlled area or while under immigration control) shall apply for the purposes of this section as it applies for the purposes of that Act.

(4)This section shall be treated as always having had effect except in relation to a person who on the commencement of this section is, or has been at any time since he last entered the United Kingdom—

(a)a qualified person within the meaning of the regulations referred to in subsection (2)(d), or

(b)a family member of a qualified person within the meaning of those regulations.

(5)This section is without prejudice to the generality of—

(a)a reference to being in a place outside the United Kingdom in breach of immigration laws, and

(b)a reference in a provision other than one specified in subsection (1) to being in the United Kingdom in breach of immigration laws.

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