UK Borders Act 2007

Last updated

UK Borders Act 2007 [1]
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to make provision about immigration and asylum; and for connected purposes.
Citation 2007 c. 30
Introduced by John Reid
Dates
Royal assent 30 October 2007
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

The UK Borders Act 2007 (c. 30) is an act of the Parliament of the United Kingdom about immigration and asylum. Amongst other things, it introduced compulsory biometric residence permits for non-EU immigrants and introduced greater powers for immigration control. [2] It received Royal Assent on 30 October 2007 with sections 17 [3] and 59 to 61 [4] coming into force on that day.

The first commencement order made under section 59 of the Act brought sections 1-4, 5-8, 14, 15, 18, 20, 22, 23, 29-31 and 40-43 fully into force on 31 January 2008. [5] The same commencement order brought sections 10, 11, 13, 16 and 26 either partially into force, or into force subject to transitional provisions, on the same day. Repeals relating to the Immigration Act 1971, Immigration and Asylum Act 1999, Commissioners for Revenue and Customs Act 2005, Immigration, Asylum and Nationality Act 2006 and section 130 of the Nationality, Immigration and Asylum Act 2002 were also commenced on 31 January.

Among other provisions, the Act provides immigration officers with several police-like powers, such as detention, entry, search and seizure. [6] It also created The Independent Chief Inspector of the UK Border Agency.

Related Research Articles

<span class="mw-page-title-main">Statutory instrument (UK)</span> Type of secondary legislation in the United Kingdom

A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.

Since 1945, immigration to the United Kingdom, controlled by British immigration law and to an extent by British nationality law, has been significant, in particular from the Republic of Ireland and from the former British Empire, especially India, Bangladesh, Pakistan, the Caribbean, South Africa, Nigeria, Ghana, Kenya, and Hong Kong. Since the accession of the UK to the European Communities in the 1970s and the creation of the EU in the early 1990s, immigrants relocated from member states of the European Union, exercising one of the European Union's Four Freedoms. In 2021, since Brexit came into effect, previous EU citizenship's right to newly move to and reside in the UK on a permanent basis does not apply anymore. A smaller number have come as asylum seekers seeking protection as refugees under the United Nations 1951 Refugee Convention.

<span class="mw-page-title-main">British Nationality Act 1981</span> Act of Parliament of the United Kingdom

The British Nationality Act 1981 (c. 61) is an act of the Parliament of the United Kingdom concerning British nationality since 1 January 1983.

<span class="mw-page-title-main">Common Travel Area</span> Open borders area comprising the United Kingdom, Ireland, the Isle of Man, and the Channel Islands

The Common Travel Area is an open borders area comprising the United Kingdom, Ireland, the Isle of Man and the Channel Islands. The British Overseas Territories are not included. Based on agreements that are not legally binding, the internal borders of the CTA are subject to minimal controls and can normally be traversed by British and Irish citizens with minimal identity documents. The maintenance of the CTA involves co-operation on immigration matters between the British and Irish authorities.

<span class="mw-page-title-main">Immigration Act 1971</span> United Kingdom legislation

The Immigration Act 1971 is an act of the Parliament of the United Kingdom concerning immigration and nearly entirely remaking the field of British immigration law. The Act, as with the Commonwealth Immigrants Act 1962, and that of 1968, restricts immigration, especially primary immigration into the UK. It introduced the concept of patriality or right of abode. It was also partly passed to legally clarify the rights of Commonwealth citizens within the United Kingdom in preparation for membership of the European Communities (EC) in which the United Kingdom would become a member state from 1 January 1973. It was coincidentally the same day which the Act came into full legal force which gave not only new automatic rights to EC member state citizens but would also give them priority over non-EC citizens under the obligations of the Treaty of Rome, of which the UK become a signatory though the Treaty of Accession, signed on 22 January 1972. In relation to deportation notices, the Act is referenced at sections 11 and 23 of the Terrorism Act 2000.

<span class="mw-page-title-main">Asylum and Immigration (Treatment of Claimants, etc.) Act 2004</span> United Kingdom legislation

The Asylum and Immigration Act 2004 is an Act of the Parliament of the United Kingdom. It set various rules for immigrants to the United Kingdom. In 2006, section 19 of the Act was declared to be incompatible with the Convention for the Protection of Human Rights and Fundamental Freedoms under section 4 of the Human Rights Act 1998.

<span class="mw-page-title-main">Immigration, Asylum and Nationality Act 2006</span> United Kingdom law

The Immigration, Asylum and Nationality Act 2006 is an Act of the Parliament of the United Kingdom.

<span class="mw-page-title-main">Local Government and Public Involvement in Health Act 2007</span> United Kingdom legislation

The Local Government and Public Involvement in Health Act 2007 is an Act of the Parliament of the United Kingdom.

An immigration officer is a law enforcement official whose job is to ensure that immigration legislation is enforced. This can cover the rules of entry for visa applicants, foreign nationals or those seeking asylum at the border, detecting and apprehending those that have breached the border and removing them, or pursuing those in breach of immigration and criminal laws.

<span class="mw-page-title-main">UK Border Agency</span> British border control agency

The UK Border Agency (UKBA) was the border control agency of the Government of the United Kingdom and part of the Home Office that was superseded by UK Visas and Immigration, Border Force and Immigration Enforcement in April 2013. It was formed as an executive agency on 1 April 2008 by a merger of the Border and Immigration Agency (BIA), UKvisas and the detection functions of HM Revenue and Customs. The decision to create a single border control organisation was taken following a Cabinet Office report.

<span class="mw-page-title-main">Criminal Justice and Immigration Act 2008</span> United Kingdom legislation

The Criminal Justice and Immigration Act 2008 is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. In particular, it changes the law relating to custodial sentences and the early release of prisoners to reduce prison overcrowding, which reached crisis levels in 2008. It also reduces the right of prison officers to take industrial action, and changed the law on the deportation of foreign criminals. It received royal assent on 8 May 2008, but most of its provisions came into force on various later dates. Many sections came into force on 14 July 2008.

<span class="mw-page-title-main">Channel Tunnel Act 1987</span> United Kingdom legislation

The Channel Tunnel Act 1987(c. 53) is an Act of the Parliament of the United Kingdom which authorised the construction of the Channel Tunnel between the United Kingdom and France in accordance with the Treaty of Canterbury, which was signed in 1986. Section 2 of the Act forbade any public subsidy of the project.

<span class="mw-page-title-main">Policing and Crime Act 2009</span> United Kingdom legislation

The Policing and Crime Act 2009 is an act of the Parliament of the United Kingdom. The Act makes provision about police reform, prostitution, sex offenders, sex establishments and certain other premises. It amends the law on aviation security, misuse, proceeds of crime, extradition and gang related violence.

<span class="mw-page-title-main">Constitutional Reform and Governance Act 2010</span> United Kingdom legislation

The Constitutional Reform and Governance Act 2010, or CRAG Act, is an Act of the Parliament of the United Kingdom on UK constitutional law which affected the civil service and the ratification of treaties, and made other significant changes. It extends to all parts of the United Kingdom.

<span class="mw-page-title-main">Marine and Coastal Access Act 2009</span> United Kingdom legislation

The Marine and Coastal Access Act 2009 is an Act of the Parliament of the United Kingdom. It creates "a new system of marine management".

<span class="mw-page-title-main">Juxtaposed controls</span>

Juxtaposed controls are a reciprocal arrangement between Belgium, France, the Netherlands and the United Kingdom whereby border controls on certain cross-Channel routes take place before boarding the train or ferry, rather than upon arrival after disembarkation. With the exception of the Eurotunnel Shuttle route, customs checks remain unaffected by juxtaposed immigration controls and continue to take place upon arrival after disembarkation. Belgium, France and the Netherlands are all member states of the European Union and part of the border-free Schengen Area. The United Kingdom, on the other hand, has never participated in the Schengen Area, even when it was a member state of the European Union. As a result, juxtaposed controls aim to increase the convenience and efficiency of border checks when travelling by train or ferry between the Schengen Area and the UK by removing the need for immigration checks on arrival and by streamlining checks on departure. At the same time, juxtaposed controls are intended to detect and prevent illegal immigration. In 2016, there were over 56,000 instances when people were refused entry to the UK at the juxtaposed controls.

<span class="mw-page-title-main">Marriage (Same Sex Couples) Act 2013</span> United Kingdom legislation

The Marriage Act 2013 is an Act of the Parliament of the United Kingdom which introduced same-sex marriage in England and Wales.

Although some means of controlling foreign visitors to the United Kingdom existed before 1905, modern immigration border controls as now understood originated then. Although an Alien Act was passed in 1793 and remained in force to some extent or other until 1836, there were no controls between then and 1905 barring a very loosely policed system of registration on entry.

<span class="mw-page-title-main">Nationality and Borders Act 2022</span> Act of the UK Parliament dealing with immigration and asylum

The Nationality and Borders Act 2022 is an act of the Parliament of the United Kingdom proposed in July 2021 relating to immigration, asylum and the UK's modern slavery response. The Act also deals with British overseas territories citizenship and registration of stateless citizens. Amongst other elements, it proposes to introduce "designated places" or "offshore" asylum hubs for application of refugee and migrant asylum claims, potentially in another European country or an African country. Part 5 of the Act grants the Government new powers to limit who is considered a victim of modern slavery, with clauses limiting support in cases where survivors have not complied with State-set deadlines to disclose their abuse. Under Part 5, decision makers would also be asked to consider the survivors' criminal history before deeming them eligible for support.

References

  1. The citation of this Act by this short title is authorised by section 61(1) of this Act.
  2. "Yesterday in parliament". The Guardian. London. 31 October 2007.
  3. The UK Borders Act 2007, section 59(1)
  4. The Interpretation Act 1978, section 4(b)
  5. The UK Borders Act 2007 (Commencement No. 1 and Transitional Provisions) Order 2008 No. 99 (C. 2)
  6. "A-Z of legislation: UK Borders Act 2007". The Guardian . London. 19 January 2009.