Immigration and Asylum Act 1999

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This version of this cross heading contains provisions that are prospective.

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where the provision (Part, Chapter or section) has never come into force or;
where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

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Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Immigration and Asylum Act 1999. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to Part I Crossheading Leave-to-enter-or-remain-in-the-united-kingdom:

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

s. 103-103B by 2002 c. 41 s. 53

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Act by 2002 c. 41 s. 66(4)
Act amendment to earlier affecting provision SI 1994/1405 art. 7 by S.I. 2007/3579 art. 3(c)
Act amendment to earlier commencing SI 2007/1109 art. 6 by S.I. 2011/1158 art. 4 6
Act applied (with modifications) by S.I. 2006/987 art. 7
Act applied (with modifications) by S.I. 2010/1907 reg. 16 Sch. 2
Act applied (with modifications) by S.I. 2010/875 reg. 16 Sch. 2 (This SI was revoked before it came into force by SI 2010/1906, reg. 2)
Act extended (Guernsey) (with modifications) by S.I. 2003/2900 art. 2 Sch.
Act modified by SI 1994/1405 art. 7 (as amended) by S.I. 2006/2627 art. 2
Act specified provisions extended (Jersey) (with modifications) by S.I. 2003/1252 art. 2 Sch.
Blanket amendment text amended by S.I. 2011/1043 art. 3 6
Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 5

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 24A inserted by 2004 c. 33 Sch. 27 para. 162
s. 24A(4)(a) text amended by S.I. 2008/678 Sch. 2 para. 11(b)
s. 24A(4)(a) transfer of functions by S.I. 2008/678 Sch. 1 para. 11(b)
s. 86A inserted by 2007 c. 29 Sch. 18 para. 14
s. 92A inserted by 2004 c. 19 s. 38(1)
s. 92B inserted by 2004 c. 19 s. 39
s. 103A(1) text amended by 2004 c. 19 s. 10(5)(6)
s. 103A(1) text amended by S.I. 2008/2833 Sch. 3 para. 184
s. 109A 109B inserted by 2007 c. 30 s. 18
s. 153A inserted by 2006 c. 13 s. 59(1)
specified provision(s) Appointed Day(s) by S.I. 2003/758 art. 2

Commencement Orders yet to be applied to the Immigration and Asylum Act 1999:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

S.I. 2003/2 art. 2 Sch. commences (1999 c. 33)
S.I. 2003/1469 art. 2 Sch. commences (1999 c. 33)
S.I. 2003/1862 art. 2 commences (1999 c. 33)
S.I. 2004/2997 art. 2 commences (1999 c. 33)

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/1 art. 2 Sch. commences (2002 c. 41)
S.I. 2003/124 art. 2-5 commences (2002 c. 32)
S.I. 2003/392 art. 2 commences (2002 c. 21)
S.I. 2003/754 art. 2 commences (2002 c. 41)
S.I. 2003/962 art. 2 commences (2002 c. 21)
S.I. 2003/1766 art. 2 commences (2002 c. 16)
S.I. 2004/2523 art. 2 commences (2004 c. 19)
S.I. 2004/2999 art. 2 Sch. commences (2004 c. 19)
S.I. 2005/372 art. 2 commences (2004 c. 19)
S.I. 2005/565 art. 2 commences (2004 c. 19)
S.I. 2005/1112 art. 2 Sch. 1 2 commences (2004 c. 33)
S.I. 2005/1126 art. 2 commences (2005 c. 11)
S.I. 2005/3175 art. 2 3 commences (2004 c. 33)
S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
S.I. 2006/1014 art. 2 Sch. 1 2 commences (2005 c. 4)
S.I. 2006/1439 art. 2 commences (2006 c. 15)
S.I. 2006/1497 art. 3 4 Sch. commences (2006 c. 13)
S.I. 2006/2226 art. 3 Sch. 1 commences (2006 c. 13)
S.I. 2007/1109 art. 3-5 Sch. commences (2006 c. 13)
S.I. 2007/1602 art. 2 commences (2004 c. 19)
S.I. 2008/99 art. 2 commences (2007 c. 30)
S.I. 2008/787 art. 2 commences (2007 c. 5)
S.I. 2008/1436 art. 2 3 commences (2007 c. 29)
S.I. 2008/1653 art. 2 commences (2007 c. 15)
S.I. 2008/3137 art. 2 commences (2008 c. 14)
S.I. 2009/415 art. 2-4 commences (2008 c. 17)
S.I. 2009/1604 art. 2 commences (2005 c. 4)
S.I. 2009/2565 art. 2 commences (2006 c. 15)
S.I. 2009/2731 art. 2-4 commences (2009 c. 11)
S.I. 2009/3250 art. 2 commences (2007 c. 29)
S.I. 2010/2089 art. 1-8 commences (2007 c. 29)
S.I. 2011/720 art. 2 commences (2007 c. 29)
S.S.I. 2003/548 art. 2 commences (2003 asp 11)
S.S.I. 2005/161 art. 2-4 commences (2003 asp 13)
S.S.I. 2005/375 art. 2 amendment to earlier commencing SSI 2005/161 art. 3
S.R. 2003/373 art. 2 commences (2002 c. 14 (N.I.))
S.R. 2003/466 art. 2 commences (S.I. 2003/413 (N.I.))
S.R. 2008/276 art. 2 commences (2007 c. 2 (N.I.))

Leave to enter, or remain in, the United KingdomE+W+S+N.I.

1 Leave to enter.E+W+S+N.I.

In the 1971 Act, after section 3, insert—

“3A Further provision as to leave to enter.

(1)The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to enter the United Kingdom.

(2)An order under subsection (1) may, in particular, provide for—

(a)leave to be given or refused before the person concerned arrives in the United Kingdom;

(b)the form or manner in which leave may be given, refused or varied;

(c)the imposition of conditions;

(d)a person’s leave to enter not to lapse on his leaving the common travel area.

(3)The Secretary of State may by order provide that, in such circumstances as may be prescribed—

(a)an entry visa, or

(b)such other form of entry clearance as may be prescribed,

is to have effect as leave to enter the United Kingdom.

(4)An order under subsection (3) may, in particular—

(a)provide for a clearance to have effect as leave to enter—

(i)on a prescribed number of occasions during the period for which the clearance has effect;

(ii)on an unlimited number of occasions during that period;

(iii)subject to prescribed conditions; and

(b)provide for a clearance which has the effect referred to in paragraph (a)(i) or (ii) to be varied by the Secretary of State or an immigration officer so that it ceases to have that effect.

(5)Only conditions of a kind that could be imposed on leave to enter given under section 3 may be prescribed.

(6)In subsections (3), (4) and (5) “prescribed” means prescribed in an order made under subsection (3).

(7)The Secretary of State may, in such circumstances as may be prescribed in an order made by him, give or refuse leave to enter the United Kingdom.

(8)An order under subsection (7) may provide that, in such circumstances as may be prescribed by the order, paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part I of Schedule 2 to this Act are to be read, in relation to the exercise by the Secretary of State of functions which he has as a result of the order, as if references to an immigration officer included references to the Secretary of State.

(9)Subsection (8) is not to be read as affecting any power conferred by subsection (10).

(10)An order under this section may—

(a)contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b)make different provision for different cases.

(11)This Act and any provision made under it has effect subject to any order made under this section.

(12)An order under this section must be made by statutory instrument.

(13)But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.”

2 Leave to remain.E+W+S+N.I.

In the 1971 Act, after section 3A, insert—

“3B Further provision as to leave to remain.

(1)The Secretary of State may by order make further provision with respect to the giving, refusing or varying of leave to remain in the United Kingdom.

(2)An order under subsection (1) may, in particular, provide for—

(a)the form or manner in which leave may be given, refused or varied;

(b)the imposition of conditions;

(c)a person’s leave to remain in the United Kingdom not to lapse on his leaving the common travel area.

(3)An order under this section may—

(a)contain such incidental, supplemental, consequential and transitional provision as the Secretary of State considers appropriate; and

(b)make different provision for different cases.

(4)This Act and any provision made under it has effect subject to any order made under this section.

(5)An order under this section must be made by statutory instrument.

(6)But no such order is to be made unless a draft of the order has been laid before Parliament and approved by a resolution of each House.”

3 Continuation of leave pending decision.E+W+S+N.I.

In the 1971 Act, after section 3B, insert—

“3C Continuation of leave pending decision.

(1)This section applies if—

(a)a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State, before his leave expires, for it to be varied; and

(b)when it expires, no decision has been taken on the application.

(2)His leave is to be treated as continuing until the end of the period allowed under rules made under paragraph 3 of Schedule 4 to the Immigration and Asylum Act 1999 for bringing an appeal against a decision on the application.

(3)An application for variation of a person’s leave to enter or remain in the United Kingdom may not be made while that leave is treated as continuing as a result of this section.

(4)But subsection (3) does not prevent the variation of an application mentioned in subsection (1).”

4[F1Accommodation]E+W+S+N.I.

[F2(1)]The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of persons—

(a)temporarily admitted to the United Kingdom under paragraph 21 of Schedule 2 to the 1971 Act;

(b)released from detention under that paragraph; or

(c)released on bail from detention under any provision of the Immigration Acts.

[F3(2)The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of a person if—

(a)he was (but is no longer) an asylum-seeker, and

(b)his claim for asylum was rejected.

(3)The Secretary of State may provide, or arrange for the provision of, facilities for the accommodation of a dependant of a person for whom facilities may be provided under subsection (2).

(4)The following expressions have the same meaning in this section as in Part VI of this Act (as defined in section 94)—

(a)asylum-seeker,

(b)claim for asylum, and

(c)dependant.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 4 heading substituted (7.11.2002) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 49(2) (with s. 159)

F2S. 4 renumbered (7.11.2002) as s. 4(1) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 49(2) (with s. 159)

F3S. 4(2)-(4) added (7.11.2002) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 49(1) (with s. 159)

Modifications etc. (not altering text)

C1S. 4 restricted (8.1.2003) by Nationality, Immigration and Asylum Act 2002 (c. 41), s. 55 (with s. 159); S.I. 2002/2811, art. 2, Sch.

S. 4 restricted (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 51, 162(1) (with s. 159)

Prospective

5 Charges.E+W+S+N.I.

(1)The Secretary of State may, with the approval of the Treasury, make regulations prescribing fees to be paid in connection with applications for—

(a)leave to remain in the United Kingdom;

(b)the variation of leave to enter, or remain in, the United Kingdom;

(c)an indefinite leave stamp to be fixed on the applicant’s passport (or travel document) as the result of the renewal or replacement of his previous passport (or travel document).

(2)If a fee prescribed in connection with an application of a particular kind is payable, no such application is to be entertained by the Secretary of State unless the fee has been paid in accordance with the regulations.

(3)But—

(a)a fee prescribed in connection with such an application is not payable if the basis on which the application is made is that the applicant is—

(i)a person making a claim for asylum which claim either has not been determined or has been granted; or

(ii)a dependant of such a person; and

(b)the regulations may provide for no fee to be payable in prescribed circumstances.

(4)If no fee is payable in respect of some part of the application, the Secretary of State must entertain that part of the application.

(5)“Indefinite leave stamp” means a stamp which indicates that the applicant has been granted indefinite leave to enter, or remain in, the United Kingdom.

(6)“Claim for asylum” has the meaning given in subsection (1) of section 94; and subsection (3) of that section applies for the purposes of this section as it applies for the purposes of Part VI.

(7)“Dependant” has such meaning as may be prescribed.

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Immigration and Asylum Act 1999

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Changes and effects

Commencement Orders yet to be applied to the Immigration and Asylum Act 1999:

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Leave to enter, or remain in, the United KingdomE+W+S+N.I.

1 Leave to enter.E+W+S+N.I.

“3A Further provision as to leave to enter.

2 Leave to remain.E+W+S+N.I.

“3B Further provision as to leave to remain.

3 Continuation of leave pending decision.E+W+S+N.I.

“3C Continuation of leave pending decision.

4[F1Accommodation]E+W+S+N.I.

5 Charges.E+W+S+N.I.

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