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Nationality, Immigration and Asylum Act 2002

Section 10: Right of abode: certificate of entitlement

56.Section 10 enables regulations to be made in relation to the issue of a certificate of entitlement to the right of abode in the United Kingdom. The procedure is currently unregulated, except in regard to the level of fee and procedure for appealing against a refusal to issue such a certificate. A certificate of entitlement is currently defined as a certificate stating that a person has the right of abode in the United Kingdom. Section 2 of the Immigration 1971 Act (“the 1971 Act”) sets out who has the right of abode.

57.Regulations are to be made by statutory instrument . The regulations may specify such matters as the person to whom the application must be made, the form of the application and the documents which are to accompany it. They may also make provision for certificates to be revoked in certain circumstances, for example, where obtained by the provision of false information, and for the certificate to cease to have effect after a specified time.

58.Subsection (5) defines “certificate of entitlement”, for the purposes of the 1971 Act by reference to the new provision.

59.Subsection (6) enables regulations made under this section to preserve the effect of any certificate issued in accordance with the existing procedures.

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