Point in time view latest with prospective.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Immigration, Asylum and Nationality Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
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.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
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:
Commencement Orders bringing legislation that affects this Act into force:
1The Nationality, Immigration and Asylum Act 2002 (appeals) shall be amended as follows.E+W+S+N.I.
2In section 72(9) (serious criminal) after “, 83” insert “ , 83A ”.E+W+S+N.I.
3In section 85(4) (matters to be considered) for “or 83(2)” substitute “ , 83(2) or 83A(2) ”.E+W+S+N.I.
4In section 86(1) (determination of appeal) for “or 83.” substitute “ , 83 or 83A. ”E+W+S+N.I.
5In section 87(1) (successful appeal: direction) for “or 83” substitute “ , 83 or 83A ”.E+W+S+N.I.
6In section 97(1) and (3) (national security, &c.) for “or 83(2)” substitute “ , 83(2) or 83A(2) ”.E+W+S+N.I.
7In section 103A(1) (review of Tribunal's decision) for “or 83” substitute “ , 83 or 83A ”.E+W+S+N.I.
8In section 103E(1) (appeal from Tribunal sitting as panel) for “or 83” substitute “ , 83 or 83A ”.E+W+S+N.I.
9In section 106(1)(a) and (b) (rules) for “or 83” substitute “ , 83 or 83A ”.E+W+S+N.I.
10In section 108(1)(a) (forged document: proceedings in private) for “or 83” substitute “ , 83 or 83A ”.E+W+S+N.I.
11In section 112 (regulations and orders) in subsection (5) for “94(6)” substitute “ 94(6) or (6B) ”.E+W+S+N.I.
12In section 57A(5) of the Race Relations Act 1976 (discrimination claims in immigration cases) in the definition of “immigration appellate body” for “an adjudicator appointed for the purposes of Part 5 of the 2002 Act, the Immigration Appeal Tribunal,” substitute “ the Asylum and Immigration Tribunal, ”.E+W+S+N.I.
13In section 40A(3) of the British Nationality Act 1981 (deprivation of citizenship: appeal) for “or 83” substitute “ , 83 or 83A ”.E+W+S+N.I.
14In section 2 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals)—E+W+S+N.I.
(a)in subsection (1)(a) and (b) for “or 83(2)” substitute “ , 83(2) or 83A(2) ”,
(b)in subsection (2)(a)—
(i)after “3C” insert “ or 3D ”, and
(ii)for “(continuation of leave pending variation decision)” substitute “ continuation of leave ”, and
(c)in subsection (3)—
(i)for “an appeal against the rejection of a claim for asylum” substitute “ an appeal against a decision other than an immigration decision ”, and
(ii)after “83(2)” insert “ or 83A(2) ”.
1In section 41 of the British Nationality Act 1981 (regulations and Orders in Council)—E+W+S+N.I.
(a)omit subsection (2), and
(b)in subsection (3)—
(i)omit “or (2)”, and
(ii)omit paragraph (b).
2Section 42A of the British Nationality Act 1981 (registration and naturalisation: fee) shall cease to have effect.E+W+S+N.I.
3Sections 5 and 27 of the Immigration and Asylum Act 1999 (charges) shall cease to have effect.E+W+S+N.I.
4In section 10(2) (right of abode: certificate of entitlement)—E+W+S+N.I.
(a)paragraph (e) shall cease to have effect, and
(b)in paragraph (f) for “(a) to (e)” substitute “ (a) to (d) ”.
5Section 122(fee for work permit, &c.) shall cease to have effect.E+W+S+N.I.
6(1)Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (amount of fees) shall be amended as follows.E+W+S+N.I.
(2)In subsection (1)—
(a)for “In prescribing a fee for an application or process under a provision specified in subsection (2)” substitute “ In prescribing a fee under section 51 of the Immigration, Asylum and Nationality Act 2006 (fees) in connection with a matter specified in subsection (2) ”, and
(b)omit “, with the consent of the Treasury,”.
(3)For subsection (2) substitute—
“(2)Those matters are—
(a)anything done under, by virtue of or in connection with a provision of the British Nationality Act 1981 (c. 61) or of the former nationality Acts (within the meaning given by section 50(1) of that Act),
(b)an application for leave to remain in the United Kingdom,
(c)an application for the variation of leave to enter, or remain in, the United Kingdom,
(d)section 10 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (right of abode: certificate of entitlement),
(e)a work permit, and
(f)any other document which relates to employment and is issued for a purpose of immigration rules or in connection with leave to enter or remain in the United Kingdom.”
|Short title and chapter||Extent of repeal|
|Prison Act 1952 (c. 52)||Section 55(4A).|
|Immigration Act 1971 (c. 77)|
In section 27, in paragraph (c) the words “as owner or agent of a ship or aircraft or”.
In Schedule 2, paragraph 4(2A).
|British Nationality Act 1981|
In section 40A(3), the word “and” before paragraph (d).
In section 41(3)—
the words “or (2)”, and
|Asylum and Immigration Act 1996 (c. 49)||Sections 8 and 8A.|
|Immigration and Asylum Act 1999 (c. 33)|
In section 167(1), the definition of “the Immigration Acts”.
|Anti-terrorism, Crime and Security Act 2001 (c. 24)||Section 33.|
|Nationality, Immigration and Asylum Act 2002 (c. 41)|
|Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)|
In section 42(1) the words “, with the consent of the Treasury,”.
|Civil Partnership Act 2004 (c. 33)||Paragraph 2(3) of Schedule 23.|
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Click 'View More' or select 'More Resources' tab for additional information including: