Immigration Act 2016 – Upcoming changes

The Immigration Act 2016 (Commencement No.2 and Transitional Provisions) Regulations 2016

The Secretary of State has made a second commencement order bringing into force further provisions of the Immigration Act 2016.

1. The appeals provisions under sections 63 to 65 come into force on 01 December 2016.

Section 63 is the ‘remove first appeal later’ provision which provides the power to certify human rights claims not involving asylum or protection issues if it would not breach the applicant’s human rights to do so, with the effect that the appeal may only be brought from outside the UK. The change introduces a power for the Home Office to remove a person who pursues a human rights appeal even while the appeal is pending. A similar power was introduced in the Immigration Act 2014 but applied only to foreign criminals. It is now extended to all migrants who might rely on a human rights appeal. Given that the only grounds on which normal family immigration decisions can now be appealed are human rights grounds, this change affects a wide spectrum of “ordinary” migrants whose application has been refused by the Home Office.

2. The power to cancel 3C leave under section 62 also comes into force on 01 December 2016.

This applies where an individual has failed to comply with a condition of their leave or used deception in seeking leave to remain whether successfully or not.

3. The new residential tenancy provisions under sections 39-41 come into force in England on 01 December 2016.

These include the criminal offence of leasing premises to a person disqualified from renting and the new eviction powers.

  • Section 39 of the Immigration Act 2016, which creates a new offence of knowingly leasing premises to a person who does not possess the right to rent by inserting new sections 33A, 33B and 33C into the Immigration Act 2014
  • Section 40 of the Immigration Act 2016, which inserts a new section 33D into the Immigration Act 2014 which enables a landlord to terminate a residential tenancy agreement in certain circumstances

4. Further illegal working provisions come into force on 01 December 2016.

These are the provisions related to private hire vehicles and to illegal working closure notices and compliance orders.  Transitional provision is made in respect of these provisions so that those granted temporary admission or released from detention by an immigration officer do not commit an offence if they have permission to work while the immigration bail provisions are not yet in force.Section 54 and Schedule 8 come into force on 01 December 2016 date bringing into force provisions that allow for multiple entry search warrants except in Scotland where these are not permitted.

5. Sections 77 to 84 (language requirements for public sector workers) come into force on 21 November 2016.

These are all the provisions relating to the duty on public sector authorities to ensure that public sector workers in customer-facing roles within the UK have a command of spoken English (or in Wales, English or Welsh) to enable the effective performance of their role.

6. The provisions on labour market enforcement undertakings, orders and supplementary provisions will all come into force on 25 November 2016. 

These provisions are aimed at tackling breaches of labour market legislation. The Government considered that the existing system of fines were not sufficient to deal with the kinds of serious or repeated offences seen so it has introduced provisions that work like an Anti-Social Behaviour Order (ASBO) for employers.

Section 37 and Schedule 5 of the Immigration Act 2016 come into force on 1 December 2016 and provide for limitation, denial or deprivation of private hire licences to those who do not have permission to work or whose permission to work is restricted.

Once these provisions are in force, the whole chapter of Part 1 on the labour market will be in force.  Section 25 which places a duty on the Secretary of State to issue a code of practice giving guidance to enforcing authorities about the exercise of their functions under sections 14 to 23 was brought into force on 12 July 2016, along with the provisions on the Director of Labour Market Enforcement and the Gangmasters and Labour Abuse Authority, when the first commencement order made.

If you are unsure how the new rules may impact you or requires any Immigration advise regarding this, Please give us a call on 020 3695 4626.

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