Legislation – The Illegal Migration Act 2023 (Amendment) Regulations 2024

Section 2(1) of the Illegal Migration Act 2023 (c. 37) (“the Act”) requires the Secretary of State to make arrangements for the removal of a person from the United Kingdom if the person meets the four conditions. The second of those four conditions, see section 2(3), is that the person entered or arrived in the United Kingdom on or after the day on which the Act was passed, which was 20th July 2023. Section 6 of the Act makes provision about removal for the purposes of sections 2 and 4 of the Act. Section 6(14) applies where a State is added to the list of safe States in section 80AA of the Nationality, Immigration and Asylum Act 2002. It provides for certain provisions of section 6 to apply to a national of that State if they have made a protection or human rights claim on or after the day on which the Act is passed and the claim has not been decided before the amendment to section 80AA comes into force.

Regulation 2 amends the references in sections 2(3) and 6(14)(a) of the Act to the day on which the Act was passed, so that they instead refer to the day on which section 2 of the Act comes into force.

Regulation 3 omits sections 5(7), 6(12), 22(8) to (10), 28(12) and 30(4) to (7) from the Act as they are no longer required as a consequence of regulation 2.

Section 30 of the Act amends the Immigration Act 1971 so that illegal migrants who have ever satisfied the four conditions in section 2 of the Act are barred from securing leave to enter or leave to remain in the United Kingdom, entry clearance or an electronic travel authorisation subject to certain exceptions. Regulation 3 amends the Immigration Act 1971 so that the bar will apply to persons illegally entering or arriving in the United Kingdom on or after the day on which section 2 of the Act comes into force.

Section 31 of the Act provides for people not to be eligible for British citizenship, British overseas territories citizenship, British overseas citizenship and British subject status because they have entered the United Kingdom, the Channel Islands and the Isle of Man, or an overseas territory unlawfully. Regulation 3 amends section 31(3) so that a person will not be eligible if they illegally enter or arrive in the United Kingdom on or after the date on which section 2 comes into force.

A full impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available from Home Office, 2 Marsham Street, London, SW1P 4DF and it will be published alongside the Explanatory Memorandum at www.legislation.gov.uk.