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.