Legislation – Nationality and Borders Act 2022

Nationality and Borders Act 2022 is up to date with all changes known to be in force on or before 27 October 2025. There are changes that may be brought into force at a future date.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

s. 52(7) words inserted by 2023 c. 37 s. 58(4)(a)
s. 53(1)(a)(iv) words inserted by 2023 c. 37 s. 58(4)(b)
s. 54(6)(a) word omitted by 2023 c. 37 s. 57(11)(a)
s. 54(6)(c) and word inserted by 2023 c. 37 s. 57(11)(b)
s. 56(1)(b) substituted by 2023 c. 37 s. 57(12)
s. 61 62 excluded by 2023 c. 37 s. 22
s. 61(2) words inserted by 2023 c. 37 s. 28(7)
s. 62(2) words inserted by 2023 c. 37 s. 28(8)
s. 63(1) word substituted by 2023 c. 37 s. 29(2)(a)
s. 63(1) words inserted by 2023 c. 37 s. 29(2)(b)
s. 63(2A) inserted by 2023 c. 37 s. 29(3)
s. 63(3)(f) substituted by 2023 c. 37 s. 29(4)(a)
s. 63(3)(fa)(fb) inserted by 2023 c. 37 s. 29(4)(b)
s. 63(5A)(5B) inserted by 2023 c. 37 s. 29(5)
s. 63(8) inserted by 2023 c. 37 s. 28(9)
s. 65 excluded by 2023 c. 37 s. 22
s. 65(3) words inserted by 2023 c. 37 s. 28(11)
s. 65(8A) inserted by 2023 c. 37 s. 28(12)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 54(6)(c) and word inserted by 2023 c. 37 s. 57(11)(b)
s. 63(2A) inserted by 2023 c. 37 s. 29(3)
s. 63(3)(fa)(fb) inserted by 2023 c. 37 s. 29(4)(b)
s. 63(5A)(5B) inserted by 2023 c. 37 s. 29(5)
s. 63(8) inserted by 2023 c. 37 s. 28(9)
s. 65(8A) inserted by 2023 c. 37 s. 28(12)

Nationality and Borders Act 2022

PART 1Nationality

British overseas territories citizenship

1Historical inability of mothers to transmit citizenship

2Historical inability of unmarried fathers to transmit citizenship

3Provision for Chagos Islanders to acquire British Nationality

4Sections 1 to 3: related British citizenship

5Period for registration of person born outside the British overseas territories

British citizenship

6Disapplication of historical registration requirements

7Citizenship where mother married to someone other than natural father

Powers of the Secretary of State relating to citizenship etc

8Citizenship: registration in special cases

9Requirements for naturalisation etc

10Notice of decision to deprive a person of citizenship

Registration of stateless minors

11Citizenship: stateless minors

PART 2Asylum

Treatment of refugees; support for asylum-seekers

12Differential treatment of refugees

13Accommodation for asylum-seekers etc

Place of claim

14Requirement to make asylum claim at “designated place”

Inadmissibility

15Asylum claims by EU nationals: inadmissibility

16Asylum claims by persons with connection to safe third State: inadmissibility

17Clarification of basis for support where asylum claim inadmissible

Supporting evidence

18Provision of evidence in support of protection or human rights claim

19Asylum or human rights claim: damage to claimant’s credibility

Priority removal notices

20Priority removal notices

21Priority removal notices: supplementary

22Late compliance with priority removal notice: damage to credibility

23Priority removal notices: expedited appeals

24Expedited appeals: joining of related appeals

25Civil legal services for recipients of priority removal notices

Late evidence

26Late provision of evidence in asylum or human rights claim: weight

Appeals

27Accelerated detained appeals

28Claims certified as clearly unfounded: removal of right of appeal

Removal to safe third country

29Removal of asylum seeker to safe country

Interpretation of Refugee Convention

30Refugee Convention: general

31Article 1(A)(2): persecution

32Article 1(A)(2): well-founded fear

33Article 1(A)(2): reasons for persecution

34Article 1(A)(2): protection from persecution

35Article 1(A)(2): internal relocation

36Article 1(F): disapplication of Convention in case of serious crime etc

37Article 31(1): immunity from penalties

38Article 33(2): particularly serious crime

Interpretation

39Interpretation of Part 2

PART 3Immigration Control

Immigration offences and penalties

40Illegal entry and similar offences

41Assisting unlawful immigration or asylum seeker

42Penalty for failure to secure goods vehicle

Working in United Kingdom waters: arrival and entry

43Working in United Kingdom waters: arrival and entry

Enforcement

44Power to search container unloaded from ship or aircraft

45Maritime enforcement

Removals

46Removals: notice requirements

47Prisoners liable to removal from the United Kingdom

Immigration bail

48Matters relevant to decisions relating to immigration bail

PART 4Age Assessments

49Interpretation of Part etc

50Persons subject to immigration control: referral or assessment by local authority etc

51Persons subject to immigration control: assessment for immigration purposes

52Use of scientific methods in age assessments

53Regulations about age assessments

54Appeals relating to age assessments

55Appeals relating to age assessments: supplementary

56New information following age assessment or appeal

57Civil legal services relating to age assessments

PART 5Modern Slavery

58Provision of information relating to being a victim of slavery or human trafficking

59Late compliance with slavery or trafficking information notice: damage to credibility

60Identification of potential victims of slavery or human trafficking

61Identified potential victims of slavery or human trafficking: recovery period

62No entitlement to additional recovery period etc

63Identified potential victims etc: disqualification from protection

64Identified potential victims etc in England and Wales: assistance and support

65Leave to remain for victims of slavery or human trafficking

66Civil legal services under section 9 of LASPO: add-on services in relation to the national referral mechanism

67Civil legal services under section 10 of LASPO: add-on services in relation to national referral mechanism

68Disapplication of retained EU law deriving from Trafficking Directive

69Part 5: interpretation

PART 6Miscellaneous

70Visa penalty provision: general

71Visa penalties for countries posing risk to international peace and security etc

72Removals from the UK: visa penalties for uncooperative countries

73Visa penalties under section 71: review and revocation

74Visa penalties under section 72: review and revocation

75Electronic travel authorisations

76Liability of carriers

77Special Immigration Appeals Commission

78Counter-terrorism questioning of detained entrants away from place of arrival

79References to justices of the peace in relation to Northern Ireland

80Tribunal charging power in respect of wasted resources

81Tribunal Procedure Rules to be made in respect of costs orders etc

82Pre-consolidation amendments of immigration legislation

PART 7General

83Financial provision

84Transitional and consequential provision

SCHEDULE 1Waiver of requirement of presence in UK etc

1Amendments to the British Nationality Act 1981

2(1) Section 4 (acquisition by registration: British overseas territories citizens…

3(1) Schedule 1 (requirements for naturalisation) is amended as follows….

4Consequential amendment

SCHEDULE 2Deprivation of Citizenship without notice: judicial oversight

SCHEDULE 3Expedited appeals where priority removal notice served: consequential amendments

1The Nationality, Immigration and Asylum Act 2002 is amended in…

2In section 85 (matters to be considered on appeal)—

3In section 86 (determination of appeal), in subsection (2), after…

4In section 106 (tribunal procedure rules), in subsections (3) and…

5In section 107 (practice directions)— (a) before subsection (3) insert—…

6In section 108 (forged document: proceedings in private), in subsection…

7In section 8 of the Asylum and Immigration (Treatment of…

SCHEDULE 4Removal of asylum seeker to safe country

1Amendments to section 77 of the Nationality, Immigration and Asylum Act 2002

2In subsection (3) of that section, for “subsection (2)” substitute…

3Amendments to Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004: introductory

4Amendments consequential on amendments to section 77 of the 2002 Act

5Rebuttable presumption of safety of specified countries in relation to Convention rights

6In paragraph 5 (in country appeals in cases of removal…

7Safe countries

8In paragraph 2 (countries to which presumptions of safety in…

9In paragraph 20(1) (powers to amend list of safe countries…

10In paragraph 21 (procedure for orders under paragraph 20)—

11Appeal rights

12Omit paragraph 6 (no out of country appeal rights).

13In paragraph 10 (appeal rights where person certified for removal…

14Omit paragraph 11 (no out of country appeal rights).

15In paragraph 15 (appeal rights where person certified for removal…

16Omit paragraph 16 (no out of country appeal rights).

17In paragraph 19 (appeal rights where person certified for removal…

18Consequential amendments

19Transitional provision

SCHEDULE 5Penalty for failure to secure goods vehicle etc

1Part 2 of the Immigration and Asylum Act 1999 (carriers’…

2For the italic heading before section 32 substitute “Penalties for…

3Before section 32 (but after the italic heading before that…

4(1) Section 32 (penalty for carrying clandestine entrants) is amended…

5(1) Section 32A (level of penalty: code of practice) is…

6Omit section 33 (prevention of clandestine entrants: code of practice)….

7(1) Section 34 (defences to claim that penalty is due…

8(1) Section 35 (procedure for penalties and objections against penalties)…

9(1) Section 35A (appeals) is amended as follows.

10(1) Section 36 (power to detain vehicles etc in connection…

11(1) Section 36A (detention in default of payment) is amended…

12(1) Section 43 (interpretation of Part 2) is amended as…

SCHEDULE 6Working in United Kingdom waters: consequential and related amendments

1Immigration Act 1971 (c. 77)

2In section 8 (exceptions for seamen etc), after subsection (1)…

3In section 11 (references to entry etc), after subsection (1)…

4In section 28 (proceedings for offences)— (a) before subsection (1)…

5In section 28L (interpretation of Part 3) —

6In section 28M (enforcement powers in relation to ships: England…

7In section 28N (enforcement powers in relation to ships: Scotland),…

8In section 28O (enforcement powers in relation to ships: Northern…

9(1) Schedule 2 (administrative provision as to control on entry…

10(1) Schedule 4A (maritime enforcement powers) is amended as follows….

11Immigration, Asylum and Nationality Act 2006 (c. 13)

SCHEDULE 7Maritime enforcement

1Part 3A of the Immigration Act 1971 (maritime enforcement) is…

2Before section 28M insert— Enforcement powers in relation to ships:…

3In section 28M (enforcement powers in relation to ships: England…

4In section 28N (enforcement powers in relation to ships: Scotland)—…

5In section 28O (enforcement powers in relation to ships: Northern…

6In section 28P (hot pursuit of ships in United Kingdom…

7After section 28P insert— Power to seize and dispose of…

8In section 28Q (interpretation of Part 3A)—

9Schedule 4A (enforcement powers in relation to ships) is amended…

10Before Part 1, insert— PART A1 United Kingdom Introductory (1) This Part of this Schedule sets out the powers…

11In paragraph 1(1)— (a) omit “immigration officers,” and

12In paragraph 4— (a) in sub-paragraph (2) omit “constable or”,…

13In paragraph 6— (a) omit sub-paragraph (5), and

14In paragraph 12(1)— (a) omit “immigration officers,”, and

15In paragraph 17— (a) omit sub-paragraph (5), and

16In paragraph 23— (a) omit “immigration officers,” and

17In paragraph 26(3) omit “constable or”.

18In paragraph 28— (a) omit sub-paragraph (5), and

SCHEDULE 8Prisoners returning to the UK: Modifications of Criminal Justice Act 2003

Royal arms

Nationality and Borders Act 2022

2022 CHAPTER 36

An Act to make provision about nationality, asylum and immigration; to make provision about victims of slavery or human trafficking; to provide a power for Tribunals to charge participants where their behaviour has wasted the Tribunal’s resources; and for connected purposes.

[28th April 2022]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—