Part 1Nationality

I110 Right of abode: certificate of entitlement

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.