Part III Criminal Proceedings

F124A Deception.

(1)

A person who is not a British citizen is guilty of an offence if, by means which include deception by him—

(a)

he obtains or seeks to obtain F2

(i)

leave to enter or remain in the United Kingdom F3, or

(ii)

an ETA; or

(b)

he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.

(2)

Enforcement action”, in relation to a person, means—

(a)

the giving of directions for his removal from the United Kingdom (“directions”) under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999;

(b)

the making of a deportation order against him under section 5 of this Act; or

(c)

his removal from the United Kingdom in consequence of directions or a deportation order.

(3)

A person guilty of an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or

(b)

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

F4(4)

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