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Immigration Act 2016

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9Before paragraph 8 insert—

Sixth class of ineligible person: person in England without leave to enter or remain

7B(1)Paragraph 1 applies to a person in England if—

(a)under the Immigration Act 1971, he requires leave to enter or remain in the United Kingdom but does not have it, and

(b)he is not an asylum-seeker.

(2)Paragraph 1 also applies to a dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).

Seventh class of ineligible person: primary carer without leave to enter or remain

7C(1)Paragraph 1 applies to a person in England (“P”) if—

(a)P is the primary carer of a British citizen (“the relevant British citizen”),

(b)the relevant British citizen is residing in the United Kingdom,

(c)the relevant British citizen would be unable to reside in the United Kingdom or in another EEA State if P were required to leave the United Kingdom,

(d)if circumstances were not as mentioned in paragraphs (a) to (c), under the Immigration Act 1971 P would require leave to enter or remain in the United Kingdom but would not have such leave, and

(e)P is not an asylum-seeker.

(2)Paragraph 1 also applies to the dependant of a person to whom that paragraph applies by virtue of sub-paragraph (1).

(3)In making for the purposes of this Schedule or regulations made under it a determination as to whether sub-paragraph (1)(c) applies in relation to P, a person may rely on—

(a)a document of a kind specified in regulations made by the Secretary of State, or

(b)information or guidance provided by the Secretary of State for the purposes of such a determination.

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