- Latest available (Revised)
- Original (As enacted)
Immigration, Asylum and Nationality Act 2006
You are here:
- 2006 c. 13
- Appeals
- Section 11
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- 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.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
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 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 :
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 11 extended (Isle of Man) (with modifications) by S.I. 2008/680 art. 20 Sch. 9
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 extended (with modifications) by SI 1994/1405 art. 7 (as amended) by S.I. 2007/3579 art. 3(c)
Commencement Orders yet to be applied to the Immigration, Asylum and Nationality Act 2006:
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. 2006/1497 art. 3 4 Sch. commences (2006 c. 13)
- S.I. 2006/2226 art. 3 Sch. 1 commences (2006 c. 13)
- S.I. 2006/2838 art. 3 4 commences (2006 c. 13)
- S.I. 2007/182 art. 2 commences (2006 c. 13)
- S.I. 2007/467 art. 2 commences (2006 c. 13)
- S.I. 2007/1109 art. 3-5 commences (2006 c. 13)
- S.I. 2007/3138 art. 2 commences (2006 c. 13)
- S.I. 2008/310 art. 2 3 commences (2006 c. 13)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/709 art. 3(t) commences (2006 c. 48)
- S.I. 2007/3580 art. 2 amendment to earlier commencing SI 2007/3138 art. 3
- S.I. 2008/99 art. 2 commences (2007 c. 30)
- S.I. 2008/3296 art. 2 commences (2008 c. 28)
- S.I. 2009/58 art. 2 Commencement Order
- S.I. 2009/2731 art. 2-4 commences (2009 c. 11)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
Prospective
11Continuation of leaveE+W+S+N.I.
This section has no associated Explanatory Notes
(1)Section 3C of the Immigration Act 1971 (c. 77) (continuation of leave to enter or remain pending variation decision) shall be amended as follows.
(2)In subsection (2)(b) (continuation pending possible appeal) after “could be brought” insert “ , while the appellant is in the United Kingdom ”.
(3)In subsection (2)(c) (continuation pending actual appeal) after “against that decision” insert “ , brought while the appellant is in the United Kingdom, ”.
(4)For subsection (6) (decision) substitute—
“(6)The Secretary of State may make regulations determining when an application is decided for the purposes of this section; and the regulations—
(a)may make provision by reference to receipt of a notice,
(b)may provide for a notice to be treated as having been received in specified circumstances,
(c)may make different provision for different purposes or circumstances,
(d)shall be made by statutory instrument, and
(e)shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(5)After section 3C insert—
“3DContinuation of leave following revocation
(1)This section applies if a person's leave to enter or remain in the United Kingdom—
(a)is varied with the result that he has no leave to enter or remain in the United Kingdom, or
(b)is revoked.
(2)The person's leave is extended by virtue of this section during any period when—
(a)an appeal under section 82(1) of the Nationality, Immigration and Asylum Act 2002 could be brought, while the person is in the United Kingdom, against the variation or revocation (ignoring any possibility of an appeal out of time with permission), or
(b)an appeal under that section against the variation or revocation, brought while the appellant is in the United Kingdom, is pending (within the meaning of section 104 of that Act).
(3)A person's leave as extended by virtue of this section shall lapse if he leaves the United Kingdom.
(4)A person may not make an application for variation of his leave to enter or remain in the United Kingdom while that leave is extended by virtue of this section.”
(6)Section 82(3) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (variation and revocation: extension of leave pending appeal) shall cease to have effect.
Options/Help
Print Options
Print The Whole Act
Print The Whole Cross Heading
Print This Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
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.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources