The Immigration Asylum & Nationality Act 2006 – Summary Of Changes

The Immigration Asylum & Nationality Act 2006 is the fifth major piece of legislation in the field of asylum and immigration since 1993.

Commencement

The Immigration Asylum & Nationality Act 2006 received Royal Assent on the 30th March 2006 and by virtue of a second commencement order, the main provisions took effect on 31 August 2006 by virtue of the Immigration, Asylum and Nationality Act 2006 (Commencement No.2) Order 2006.

Appeals

The first sections of the Act are concerned with appeals and impose new restrictions on the right to appeal against Home Office asylum or immigration decisions. The most significant is section 4 which limits the right of appeal against refusal of entry clearance to cases in which the application for entry clearance was made either for the purpose of entering as a dependant or a visitor – in both cases limited by reference to regulations made by the Home Secretary. Significantly, there will no longer be a right of appeal against refusal of entry clearance as a student.

Section 1 inserts a new section 83A into the Immigration, Nationality and Asylum Act 2002 to introduce a new right of appeal for people who are no longer recognised as refugees but who are permitted to stay in the UK on some other basis. Section 2 amends section 82(2)(g) of the 2002 Act to provide a right of appeal against a decision to remove under section 10(1)(b) of the 1999 Act. This will give the person a separate right of appeal at each of the two decision stages; the first at the revocation stage and the second at the stage the decision to remove is taken. Section 3 amends section 84 of the 2002 Act. It provides that an appeal under the new section 83A may only be brought on the ground that removal would breach the United Kingdom’s obligations under the Refugee Convention. Section 4 substitutes one provision for Sections 88A, 90 and 91 of the 2002 Act which limits all appeals against refusal of entry clearance to limited grounds (human rights and race discrimination), with the exception of those listed in the categories. By section 6 a person may not appeal against refusal of leave to enter the United Kingdom unless: (1) on his arrival in the United Kingdom he had entry clearance and (2) the purpose of entry specified in the entry clearance is the same as that specified in his application for leave to enter. Section 89 of the 2002 Act restricts rights of appeal against refusal of permission to enter at the port of both visitors and students who do not hold an entry clearance. This restriction limits the grounds of appeal to human rights and race discrimination. If the appeal is exercised in the UK it is restricted to asylum. A right of appeal remains in all cases on both human rights and race discrimination grounds.

Section 7 provides powers to hear only human rights aspects of national security appeal cases in country with the national security aspects of the case.

Employment

Section 15 imposes civil (and not criminal) penalties in the form of fines on employers of persons over the age of 16 subject to immigration control in defined circumstances. A person is subject to immigration control if he requires leave to enter or remain in the United Kingdom under the provisions of the Immigration Act 1971. The defined circumstances are that:

Immigration Lawyers Or Solicitors Are Of Extreme Expertise In Uk

They specialize in UK immigration law. Immigration lawyers usually work for huge Law consultancy firms whose clients include individuals and business in UK and also overseas.

The immigration lawyers provide complete assistance from preparing of applications to enter and to stay in any part of United Kingdom and all the formalities those are needed before the immigration in Tribunal or High court. The client can stay assured that the immigration lawyer would fulfill all the necessary formalities without any hazard. The client dont have to waste time fulfilling all those time consuming formalities and thus they have more time to concentrate on their respective businesses.

The immigration lawyers assist the clients in a wide range of functions from visa applications, to sponsor license applications and in advising of compliance management. All the immigration lawyers are well qualified to provide immigration law advice and representation to the client. The immigration lawyers commit clients a lot of functions which make the client assured that they are giving their responsibilities in the right hand. The immigration lawyers provide legal expertise whatever is needed for a complete immigration from one country to another. There are certain laws and regulations which are to be complied to while the process of immigration. The immigration lawyers also provide their clients with clear and professional advice which are very much needed by the client as they are not aware of all legal amendments. The immigration lawyers also provide effective advocacy to their clients who are very necessary and crucial. The immigration lawyers are usually very empathetic, friendly and provide reliable service which is very much expected by the clients. They also try to provide practical and affordable solutions so that clients remain satisfied and dont have to spend more than what are required. Above all, if we see the case histories of the immigration lawyers in UK, then we can well understand the consistent record of their success.

The immigration lawyers also play a major role in business visa applications. No matter whether one needs a temporary visa to visit UK on a term basis for any small project or a long term business immigration solution, the immigration lawyers have solutions for all cases. Thus, when it comes to anything regarding immigration, it is wise to consult an immigration lawyer without wasting any time searching for information and trying do sort out things yourself. The visas can be of various types like tier 1 which consists of the investors. Similarly tier 1 also constitutes of entrepreneurs, post study worker and anybody who possess an exceptional talent and have a proof of it like any certificate or award by any apex authority. Tier 2 visas are provided to skilled workers and inter company transferred employees. Tier 5 visas are meant for temporary workers.