Legislation – Immigration Act 2016

Immigration Act 2016, Section 76 is up to date with all changes known to be in force on or before 23 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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 legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Section 76:

s. 51(4A)(4B) inserted by 2025 c. 31 s. 44(16)
s. 69(9)(d) and word inserted by 2023 c. 37 s. 21(2)(b)
Sch. 10 para. 3(2)(eza) inserted by 2023 c. 37 s. 13(3)(a)
Sch. 10 para. 3(3A)–(3C) inserted by 2023 c. 37 s. 13(3)(b)
Sch. 10 para. 3A and cross-heading inserted by 2023 c. 37 s. 13(4)
Sch. 10 para. 2(1)(ea)–(ec) inserted by 2025 c. 31 s. 46(4)
specified provision(s) amendment to earlier commencing S.I. 2017/1241, Sch. by S.I. 2018/31 reg. 2

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. 51(4A)(4B) inserted by 2025 c. 31 s. 44(16)
s. 69(9)(d) and word inserted by 2023 c. 37 s. 21(2)(b)
Sch. 10 para. 3(2)(eza) inserted by 2023 c. 37 s. 13(3)(a)
Sch. 10 para. 3(3A)–(3C) inserted by 2023 c. 37 s. 13(3)(b)
Sch. 10 para. 3A and cross-heading inserted by 2023 c. 37 s. 13(4)
Sch. 10 para. 2(1)(ea)–(ec) inserted by 2025 c. 31 s. 46(4)

PART 6Border security

76Persons excluded from the United Kingdom under international obligations

(1)

In section 8 of the Immigration Act 1971 (exceptions for seamen, aircrews and other special cases) in subsection (5) after “expired” insert “
or otherwise ceased to be in force
”.

(2)

In section 8A of that Act (persons ceasing to be exempt) after subsection (3) insert—

“(4)

References in this section to a person who ceases to be exempt do not include a person who ceases to be exempt by virtue of section 8B(3).”

(3)

Section 8B of that Act (persons excluded from the United Kingdom under international obligations) is amended as follows.

(4)

In subsection (1) after paragraph (b) insert—

“(and any leave given to a person who is an excluded person is invalid)”.

(5)

For subsection (3) substitute—

“(3)

Any exemption of a person from the provisions of this Act under section 8(1), (2) or (3) does not apply while the person is an excluded person.”

(6)

In subsection (4) for “a designated instrument” substitute “
an instrument falling within subsection (5)
”.

(7)

In subsection (5) for “The Secretary of State may by order designate an instrument” substitute “
An instrument falls within this subsection
”.

(8)

After subsection (5) insert—

“(5A)

Subsection (1), (2) or (3) does not apply to a person if—

(a)

the application of that subsection to that person would be contrary to the United Kingdom’s obligations under—

(i)

the Human Rights Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999), or

(ii)

the Refugee Convention (within the meaning given by that provision), or

(b)

the person has been exempted from the application of that subsection under a process applying by virtue of the instrument falling within subsection (5).”

(9)

Omit subsections (6) to (8).