Legislation – Illegal Migration Act 2023

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Entry, settlement and citizenship

31Persons prevented from obtaining British citizenship etc

(1)

Sections 32 to 35 (ineligibility for routes to British citizenship, British overseas territories citizenship, British overseas citizenship and status as a British subject) apply in relation to a person who falls within subsection (3), read with the modifications in subsections (4) to (6).

(2)

Such a person is referred to in sections 32 to 35 as an “ineligible person”.

(3)

A person falls within this subsection if the person has ever met the four conditions in section 2 (conditions relating to removal from the United Kingdom)F1….

(4)

For the purposes of this section, references to the United Kingdom in section 2 and this section are to be read as if they included references to the Islands and the British overseas territories.

(5)

For the purposes of this section as it has effect by virtue of subsection (4) in relation to any of the Islands—

(a)

references in section 2 to provisions of the Immigration Act 1971 are to be read as if they included references to the provisions of that Act as extended to that Island under section 36 of that Act, and

(b)

terms used in the four conditions in section 2 are to be interpreted in accordance with that Act as extended to that Island under section 36 of that Act.

(6)

For the purposes of this section as it has effect by virtue of subsection (4) in relation to any of the British overseas territories—

(a)

the references in section 2 to “leave to enter”, “leave to remain”, and “limited leave to enter or remain” are to be construed as references to any status formally granted under the immigration laws in force in that territory which is broadly equivalent to the status in question under the Immigration Act 1971,

(b)

the references in section 2 to “deportation order”, “entry clearance” and “electronic travel authorisation” are to be construed as references to any order, clearance or authorisation made or given under the immigration laws in force in that territory which is broadly equivalent to the order, clearance or authorisation in question under that Act, and

(c)

the references in section 2 to “entering”, “arriving” or to a document being “valid” are to be construed as references to any concept under the immigration laws in force in that territory which is broadly equivalent to the concept in question under that Act.

(7)

In this section, “the Islands” means the Channel Islands and the Isle of Man.

(8)

This section is subject to section 36 (disapplication of sections 32 to 35).