Nationality, Immigration and Asylum Act 2002
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Naturalisation: knowledge of language and society
Naturalisation: knowledge of language and society 1 1 The following shall be inserted after the word “and” after paragraph 1(1)(c) of Schedule 1 to the British Nationality Act 1981 (c. 61)…
Section 2 — Naturalisation: spouse of citizen
Naturalisation: spouse of citizen 2 1 Paragraphs 3 and 4 of Schedule 1 to the British Nationality Act 1981 (c. 61) (requirements for naturalisation as British citizen: spouse of citizen) shall be…
Section 2B
2B A person may appeal to the Special Immigration Appeals Commission against a decision to make an order under section 40 of the British Nationality Act 1981 (c. 61) (deprivation of citizenship) if…
Section 3 — Citizenship ceremony, oath and pledge
Citizenship ceremony, oath and pledge 3 Schedule 1 (which makes provision about citizenship ceremonies, oaths and pledges) shall have effect.
Section 3A — Variation of registration
Variation of registration 3A The Commissioner may vary a person’s registration— a so as to make it have limited effect in any of the ways mentioned in paragraph 2(2); or b so as to make it have full…
Section 3C — Continuation of leave pending variation decision
Continuation of leave pending variation decision 3C 1 This section applies if— a a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for…
Section 4 — Deprivation of citizenship
Deprivation of citizenship 4 1 The following shall be substituted for section 40 of the British Nationality Act 1981 (deprivation of citizenship)— Deprivation of citizenship 40 1 In this section a…
Section 4B — Acquisition by registration: certain persons without other citizenship
Acquisition by registration: certain persons without other citizenship 4B 1 This section applies to a person who has the status of— a British Overseas citizen, b British subject under this Act, or c…
Section 4C — Acquisition by registration: certain persons born between 1961 and 1983
Acquisition by registration: certain persons born between 1961 and 1983 4C 1 A person is entitled to be registered as a British citizen if— a he applies for registration under this section, and b he…
Section 5 — Resumption of citizenship
Resumption of citizenship 5 In the following provisions of the British Nationality Act 1981 (c. 61) the words “, if a woman,” shall cease to have effect— a section 10(1) and (2)(registration as…
Section 6 — Nationality decision: discrimination
Nationality decision: discrimination 6 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . .…
Section 6A
6A The regulations may, in particular, require support to be provided subject to a condition of compliance with any restriction imposed under paragraph 21 of Schedule 2 to the 1971 Act (temporary…
Section 7 — Nationality decision: reasons and review
Nationality decision: reasons and review 7 1 Section 44(2) and (3) of the British Nationality Act 1981 (c. 61) (no requirement to give reasons for discretionary decision, and no right of appeal)…
Section 8 — Citizenship: registration
Citizenship: registration 8 In paragraph 3(1)(b) of Schedule 2 to the British Nationality Act 1981 (application by person born in United Kingdom or overseas territory for registration as citizen: age…
Section 9 — Legitimacy of child
Legitimacy of child 9 1 The following shall be substituted for section 50(9) of the British Nationality Act 1981 (interpretation: child)— 9 For the purposes of this Act a child’s mother is the woman…
Section 10 — Right of abode: certificate of entitlement
Right of abode: certificate of entitlement 10 1 The Secretary of State may by regulations make provision for the issue to a person of a certificate that he has the right of abode in the United…
Section 10A
10A Where directions are given in respect of a person under any of paragraphs 8 to 10 above, directions to the same effect may be given under that paragraph in respect of a member of the person’s…
Section 11 — Unlawful presence in United Kingdom
Unlawful presence in United Kingdom 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 12 — British citizenship: registration of certain persons without other citizenship
British citizenship: registration of certain persons without other citizenship 12 1 The following shall be inserted after section 4A of the British Nationality Act 1981 (c. 61) (registration as…
Section 13 — British citizenship: registration of certain persons born between 1961 and 1983
British citizenship: registration of certain persons born between 1961 and 1983 13 1 The following shall be inserted after section 4B of the British Nationality Act 1981 (registration as British…
Section 14 — Hong Kong
Hong Kong 14 A person may not be registered as a British overseas territories citizen under a provision of the British Nationality Act 1981 (c. 61) by virtue of a connection with Hong Kong.
Section 15 — Repeal of spent provisions
Repeal of spent provisions 15 Schedule 2 (which repeals spent provisions) shall have effect.
Section 16 — Establishment of centres
Establishment of centres 16 1 The Secretary of State may arrange for the provision of premises for the accommodation of persons in accordance with this Part. 2 A set of premises provided under this…
Section 17 — Support for destitute asylum-seeker
Support for destitute asylum-seeker 17 1 The Secretary of State may arrange for the provision of accommodation for a person in an accommodation centre if— a the person is an asylum-seeker or the…
Section 18 — Asylum-seeker: definition
Asylum-seeker: definition 18 1 For the purposes of this Part a person is an “ asylum-seeker ” if— a he is at least 18 years old, b he is in the United Kingdom, c a claim for asylum has been made by…
Section 19 — Destitution: definition
Destitution: definition 19 1 Where a person has dependants, he and his dependants are destitute for the purpose of this Part if they do not have and cannot obtain both— a adequate accommodation, and…
Section 20 — Dependant: definition
Dependant: definition 20 For the purposes of this Part a person is a “ dependant ” of an asylum-seeker if (and only if) that person— a is in the United Kingdom, and b is within a prescribed class.
Section 21 — Sections 17 to 20: supplementary
Sections 17 to 20: supplementary 21 1 This section applies for the purposes of sections 17 to 20. 2 The Secretary of State may inquire into and decide a person’s age. 3 A claim for asylum shall be…
Section 22 — Immigration and Asylum Act 1999, s. 95
Immigration and Asylum Act 1999, s. 95 22 The Secretary of State may provide support under section 95 of the Immigration and Asylum Act 1999 (c. 33) (destitute asylum-seeker) by arranging for the…
Section 23 — Person subject to United Kingdom entrance control
Person subject to United Kingdom entrance control 23 1 A residence condition may include a requirement to reside at an accommodation centre. 2 In subsection (1) “ residence condition ” means a…
Section 24 — Provisional assistance
Provisional assistance 24 1 If the Secretary of State thinks that a person may be eligible for the provision of accommodation in an accommodation centre under section 17, he may arrange for the…
Section 25 — Length of stay
Length of stay 25 1 The Secretary of State may not arrange for the provision of accommodation for a person in an accommodation centre if he has been a resident of an accommodation centre for a…
Section 25A — Helping asylum-seeker to enter United Kingdom
Helping asylum-seeker to enter United Kingdom 25A 1 A person commits an offence if— a he knowingly and for gain facilitates the arrival in the United Kingdom of an individual, and b he knows or has…
Section 25B — Assisting entry to United Kingdom in breach of deportation or exclusion order
Assisting entry to United Kingdom in breach of deportation or exclusion order 25B 1 A person commits an offence if he— a does an act which facilitates a breach of a deportation order in force against…
Section 25C — Forfeiture of vehicle, ship or aircraft
Forfeiture of vehicle, ship or aircraft 25C 1 This section applies where a person is convicted on indictment of an offence under section 25, 25A or 25B. 2 The court may order the forfeiture of a…
Section 26 — Withdrawal of support
Withdrawal of support 26 1 The Secretary of State may stop providing support for a person under section 17 or 24 if— a the Secretary of State suspects that the person or a dependant of his has…
Section 26A — Registration card
Registration card 26A 1 In this section “ registration card ” means a document which— a carries information about a person (whether or not wholly or partly electronically), and b is issued by the…
Section 26B — Possession of immigration stamp
Possession of immigration stamp 26B 1 A person commits an offence if he has an immigration stamp in his possession without reasonable excuse. 2 A person commits an offence if he has a replica…
Section 27 — Resident of centre
Resident of centre 27 A reference in this Part to a resident of an accommodation centre is a reference to a person for whom accommodation in the centre is provided— a under section 17, b by virtue of…
Section 28 — Manager of centre
Manager of centre 28 A reference in this Part to the manager of an accommodation centre is a reference to a person who agrees with the Secretary of State to be wholly or partly responsible for the…
Section 28AA — Arrest with warrant
Arrest with warrant 28AA 1 This section applies if on an application by an immigration officer a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person has…
Section 28CA — Business premises: entry to arrest
Business premises: entry to arrest 28CA 1 A constable or immigration officer may enter and search any business premises for the purpose of arresting a person— a for an offence under section 24, b for…
Section 28FA — Search for personnel records: warrant unnecessary
Search for personnel records: warrant unnecessary 28FA 1 This section applies where— a a person has been arrested for an offence under section 24(1) or 24A(1), b a person has been arrested under…
Section 28FB — Search for personnel records: with warrant
Search for personnel records: with warrant 28FB 1 This section applies where on an application made by an immigration officer in respect of business premises a justice of the peace is satisfied that…
Section 29 — Facilities
Facilities 29 1 The Secretary of State may arrange for the following to be provided to a resident of an accommodation centre— a food and other essential items; b money; c assistance with transport…
Section 30 — Conditions of residence
Conditions of residence 30 1 The Secretary of State may make regulations about conditions to be observed by residents of an accommodation centre. 2 Regulations under subsection (1) may, in…
Section 31 — Financial contribution by resident
Financial contribution by resident 31 1 A condition of residence may, in particular, require a resident of an accommodation centre to make payments to— a the Secretary of State, or b the manager of…
Section 32 — Tenure
Tenure 32 1 A resident of an accommodation centre shall not be treated as acquiring a tenancy of or other interest in any part of the centre (whether by virtue of an agreement between the resident…
Section 32A — Level of penalty: code of practice
Level of penalty: code of practice 32A 1 The Secretary of State shall issue a code of practice specifying matters to be considered in determining the amount of a penalty under section 32. 2 The…
Section 33 — Advisory Groups
Advisory Groups 33 1 The Secretary of State shall appoint a group (to be known as an Accommodation Centre Advisory Group) for each accommodation centre. 2 The Secretary of State may by regulations— a…