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Nationality, Immigration and Asylum Act 2002

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Nationality, Immigration and Asylum Act 2002, Section 10 is up to date with all changes known to be in force on or before 23 October 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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10 Right of abode: certificate of entitlementF4U.K.

This section has no associated Explanatory Notes

(1)The Secretary of State may by regulations make provision for the issue to a person of a certificate that he has the right of abode in the United Kingdom.

(2)The regulations may, in particular—

(a)specify to whom an application must be made;

(b)specify the place (which may be outside the United Kingdom) to which an application must be sent;

(c)provide that an application must be [F1accompanied by specified information;]

(d)provide that an application must be accompanied by specified documents;

(e)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)specify the consequences of failure to comply with a requirement under any of paragraphs [F3(a) to (d)] above;

(g)provide for a certificate to cease to have effect after a period of time specified in or determined in accordance with the regulations;

(h)make provision about the revocation of a certificate.

(3)The regulations may—

(a)make provision which applies generally or only in specified cases or circumstances;

(b)make different provision for different purposes;

(c)include consequential, incidental or transitional provision.

(4)The regulations—

(a)must be made by statutory instrument, and

(b)shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5)The Immigration Act 1971 (c. 77) shall be amended as follows—

(a)in section 3(9)(b) (proof of entitlement to right of abode) the words “issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode” shall cease to have effect, and

(b)in section 33(1) for the definition of “certificate of entitlement” substitute—

certificate of entitlement” means a certificate under section 10 of the Nationality, Immigration and Asylum Act 2002 that a person has the right of abode in the United Kingdom;.

(6)Regulations under this section may, in particular, include provision saving, with or without modification, the effect of a certificate which—

(a)is issued before the regulations come into force, and

(b)is a certificate of entitlement for the purposes of sections 3(9) and 33(1) of the Immigration Act 1971 as those sections have effect before the commencement of subsection (5) above.

Textual Amendments

F2S. 10(2)(e) ceases to have effect (2.4.2007) and repealed (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 52, 61, 62, Sch. 2 para. 4(a), Sch. 3; S.I. 2007/1109, arts. 4, 5, Sch. (subject to art. 6)

F3Words in s. 10(2)(f) substituted (2.4.2007) by Immigration, Asylum and Nationality Act 2006 (c. 13) ss. 52, 62, {Sch. 2 para. 4(b)}; S.I. 2007/1109, art. 4

Commencement Information

I1S.10 partly in force; s.10(1)-(4)(6) in force at Royal Assent see s. 162(2); s. 10(5)(b) in force at 21.12.2006 by S.I. 2006/3144, art. 2

Textual Amendments applied to the whole legislation

F4Act extended in part (Isle of Man) (with modifications) (13.3.2008 for specified purposes, 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), art. 16, Sch. 7 (with art. 5, Sch. 2) (as amended (29.6.2011) by The Immigration (Isle of Man) (Amendment) Order 2011 (S.I. 2011/1408), art. 1, Sch. para. 6; and as amended (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, 5, 14)

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