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Nationality And Borders Act 2022

Annex A – Glossary

Affirmative resolution procedure Affirmative procedure is a type of parliamentary procedure that applies to statutory instruments (SIs). An SI laid under the affirmative procedure must be actively approved by both Houses of Parliament. Certain SIs on financial matters are only considered by the Commons.
BN(O)

British National (Overseas): Someone who was a British dependent territories citizen by connection with Hong Kong was able to register as a British national (overseas) before 1 July 1997.

British dependent territories citizens from Hong Kong who did not register as British nationals (overseas) and had no other nationality or citizenship on 30 June 1997 became British overseas citizens on 1 July 1997.

British national A person who holds a type of British nationality, of which there are 6, including British citizenship and British overseas territories citizen.
BOTC

British overseas territories citizen:

People who were British dependent territories citizens on 26 February 2002 became British Overseas Territories citizens (BOTC) under the British Overseas Territories Act 2002. Those who remained BOTCs on 21 May 2002 also became British citizens under that Act.

People born before 1 January 1983 became British dependent territories citizens if they were a citizen of the United Kingdom and Colonies (CUKC) on 31 December 1982 and had connections with a British overseas territory because they, their parents or their grandparents were born, registered or naturalised in that British overseas territory.

Women also became British dependent territories citizens if they were married to a man who became a British overseas territories citizen on 1 January 1983.

People born in a British overseas territory on or after 1 January 1983, and at the time of their birth, where one of their parents is a British overseas territories citizen or legally settled in a British overseas territory.

People who were adopted in an overseas territory by a British overseas territories citizen or were born outside the overseas territory to a parent who was able to pass on British overseas territories citizenship.

Conviction on indictment

A conviction resulting from an indictable offence, which may be committed to the crown court for trial before a jury.
Deportation The process of removing a foreign national from the UK where they are subject to a deportation order.
Deportation Order A deportation order requires the subject to leave the UK. It invalidates any leave to enter or remain in the UK and also prohibits the individual from re-entering the country for as long as it is in force.
ECAT Council of Europe Convention on Action against Trafficking in Human Beings.
ECHR The European Convention on Human Rights.
Enforced return Where the Home Office makes arrangements to remove immigration offenders from the UK.
Entry clearance A visa, entry certificate or other document which, in accordance with the immigration rules, is to be taken as evidence or the requisite evidence of a person’s eligibility, though not a British citizen, for entry into the United Kingdom (but does not include a work permit).
ERS Early Removal Scheme
ETA Electronic Travel Authorisation
IO Immigration Officer
Leave to remain/leave to enter Permission, under the 1971 Act, to enter or remain in the UK. Such leave may be limited in terms of duration, or indefinite.
Merton assessment

Social work led age assessment named after the leading case of B v London Borough of Merton [2003] EWHC 1689 (Admin), which must adhere to procedures set out in that case and developed in subsequent caselaw.

Merton assessments will normally include a number of interviews which explore the person’s background and also consider information obtained from others who have contact with the individual.

Naturalisation A process by which an adult can become a citizen following a period of residence.
Negative resolution procedure Negative procedure is a type of parliamentary procedure that applies to statutory instruments (SIs). An SI laid under the negative procedure becomes law on the day the Minister signs it and automatically remains law unless a motion – or "prayer" – to reject it is agreed by either House within 40 sitting days.
Non-refoulement The principle that no signatory to the Refugee Convention shall expel or return ("refouler") a refugee to a country where their life or freedom would be threatened on account of their race, religion, nationality, membership of a particular social group or political opinion (Article 33(1) of the 1951 Refugee Convention).
NRM National Referral Mechanism
Primary legislation The general term used to describe the main laws passed by the legislative bodies of the UK, including the UK Parliament. For example an Act of Parliament.
PRN Priority removal notice
Refugee A person who, "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it" (Article 1(A)(2) of the 1951 Refugee Convention).
1951 Refugee Convention The Convention Relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention.
Secondary legislation Secondary legislation is law created by ministers (or other bodies) under powers given to them by an Act of Parliament (primary legislation). Secondary legislation is also known as "delegated" or "subordinate" legislation and often takes the form of a statutory instrument.
Statutory Instruments Documents drafted by a government department to make changes to the law. They are the most frequently used type of secondary legislation (law created by ministers or other bodies under powers given to them by an Act of Parliament.)
Summary conviction A conviction in relation to a summary offence, which is tried in a Magistrate’s or Sheriff’s Court without a jury.
UNCLOS UN Convention on the Law of the Sea

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