Search Legislation

Immigration Act 2016

Status:

This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

15(1)Section 120 (determination of application for grant) is amended as follows.

(2)In subsection (2)—

(a)after paragraph (a) insert—

(aa)he is entitled to work in the United Kingdom,;

(b)in paragraph (d), at the end insert “or required to pay an immigration penalty”.

(3)In subsection (3), for “paragraph (a), (b) or (c)” substitute “any of paragraphs (a) to (c)”.

(4)In subsection (4), for “(a), (b) and (c)” substitute “(a) to (c)”.

(5)In subsection (5)—

(a)omit the “and” at the end of paragraph (a);

(b)at the end of paragraph (b) insert and

(c)the applicant having been required to pay any immigration penalty,.

(6)After subsection (5) insert—

(5A)If it appears to the authority that the applicant meets the conditions in paragraphs (a) to (c) of subsection (2) but fails to meet the condition in paragraph (d) of that subsection by virtue of having been—

(a)convicted of an immigration offence,

(b)convicted of a foreign offence that the authority considers to be comparable to an immigration offence, or

(c)required to pay an immigration penalty,

the authority must give the Secretary of State a notice to that effect.

(5B)Where, having regard to—

(a)any conviction of the applicant for an immigration offence,

(b)any conviction of the applicant for a foreign offence which the Secretary of State considers to be comparable to an immigration offence, and

(c)the applicant having been required to pay any immigration penalty,

the Secretary of State is satisfied that granting the licence would be prejudicial to the prevention of illegal working in licensed premises, the Secretary of State must, within the period of 14 days beginning with the day the Secretary of State received the notice under subsection (5A), give the authority a notice stating the reasons for being so satisfied (an “immigration objection notice”).

(7)In subsection (6), for “is given within that period (or the notice is withdrawn)” substitute “or immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), or any such notice given is withdrawn,”.

(8)In subsection (7)—

(a)in the words before paragraph (a), for “In any other case,” substitute “Where an objection notice or an immigration objection notice is given within the period of 14 days referred to in subsection (5) or (5B) (as the case may be), and not withdrawn,”;

(b)in paragraph (a)—

(i)omit “objection”;

(ii)for “chief officer of police” substitute “person who gave the notice”;

(c)for paragraph (b) substitute—

(b)having regard to the notice, must—

(i)where the notice is an objection notice, reject the application if it considers it appropriate for the promotion of the crime prevention objective to do so, or

(ii)where the notice is an immigration objection notice, reject the application if it considers it appropriate for the prevention of illegal working in licensed premises to do so.

(9)After subsection (7) insert—

(7A)An application that is not rejected by the authority under subsection (7)(b) must be granted by it.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

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.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

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
Close

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