Part I Immigration: General

Offences

28 Deception.

In the 1971 Act, after section 24, insert—

“24A 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 leave to enter or remain in the United Kingdom; 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.

(4)

The extended time limit for prosecutions which is provided for by section 28 applies to an offence under this section.”