Immigration Act 2016
2016 c. 19 · Enacted 12 May 2016 · Extends to United Kingdom
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:—C1C2C3C4
Annotations to the whole text
Modifications
- C1
Act extended in part (Isle of Man) (with modifications) by S.I. 2008/680, art. 22A, Sch. 9B (as inserted (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, 10, Sch. 2)
- C2
Act extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2021 (S.I. 2021/1281), arts. 1(1), 14, Schs. 12, 12A (with art. 16)
- C3
Act: power to amend conferred (28.6.2022 in so far as not already in force, 28.4.2022 for specified purposes) by Nationality and Borders Act 2022 (c. 36), ss., 82(2)(o), (3)-(6), 87(1)(4)(i) 82(1); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29
- C4
Act excluded (25.4.2024) by Safety of Rwanda (Asylum and Immigration) Act 2024 (c. 8), ss. 2(5)(a), 5, 10(1) (with ss. 4, 10(2))
Contents
- Part 1: Labour market and illegal working
- Chapter 1: Labour market
- Director of Labour Market Enforcement
- 1Director of Labour Market Enforcement Repealed
- 2Labour market enforcement strategy Repealed
- 3Non-compliance in the labour market etc: interpretation Repealed
- 4Annual and other reports Repealed
- 5Publication of strategy and reports Repealed
- 6Information gateways Repealed
- 7Information gateways: supplementary Repealed
- 8Information hub Repealed
- 9Restriction on exercising functions in relation to individual cases Repealed
- Gangmasters and Labour Abuse Authority
- 10Renaming of Gangmasters Licensing Authority Repealed
- 11Functions in relation to labour market
- 12PACE powers in England and Wales for labour abuse prevention officers
- 13Relationship with other agencies: requests for assistance Repealed
- Labour market enforcement undertakings
- 14Power to request LME undertaking Repealed
- 15Measures in LME undertakings Repealed
- 16Duration Repealed
- 17Further provision about giving notice under section 14 Repealed
- Labour market enforcement orders
- 18Power to make LME order on application Repealed
- 19Applications Repealed
- 20Power to make LME order on conviction Repealed
- 21Measures in LME orders Repealed
- 22Further provision about LME orders Repealed
- 23Variation and discharge Repealed
- 24Appeals Repealed
- LME undertakings and orders: supplementary
- 25Code of practice Repealed
- 26Investigative functions Repealed
- 27Offence Repealed
- 28Offences by bodies corporate Repealed
- 29Application to unincorporated associations Repealed
- 30Application to partnerships Repealed
- Supplementary provision
- 31Consequential and related amendments
- 32Regulations under Chapter 1 Repealed
- 33Interpretation of Chapter 1 Repealed
- Chapter 2: Illegal working
- Offences
- 34Offence of illegal working
- 35Offence of employing illegal worker
- Illegal working in licensed premises
- 36Licensing Act 2003: amendments relating to illegal working
- Illegal working in relation to private hire vehicles etc
- 37Private hire vehicles etc
- Illegal working notices and orders
- 38Illegal working closure notices and illegal working compliance orders
- Part 2: Access to services
- Residential tenancies
- 39Offence of leasing premises
- 40Eviction
- 41Order for possession of dwelling-house
- 42Extension to Wales, Scotland and Northern Ireland Not yet in force
- Driving
- 43Powers to carry out searches relating to driving licences
- 44Offence of driving when unlawfully in the United Kingdom Not yet in force
- Bank accounts
- 45Bank accounts
- Part 3: Enforcement
- Powers of immigration officers etc
- 46Powers in connection with examination, detention and removal
- 47Search of premises in connection with imposition of civil penalty
- 48Seizure and retention in relation to offences
- 49Duty to pass on items seized under section 48
- 50Retention of things seized under Part 3 of the Immigration Act 1971
- 51Search for nationality documents by detainee custody officers etc
- 52Seizure of nationality documents by detainee custody officers etc
- 53Amendments relating to sections 51 and 52
- 54Amendments to search warrant provisions
- 55Supply of information to Secretary of State
- 56Detention etc. by immigration officers in Scotland Repealed
- 57Powers to take fingerprints etc. from dependants
- 58Interpretation of Part
- Detention and bail
- 59Guidance on detention of vulnerable persons
- 60Limitation on detention of pregnant women
- 61Immigration bail
- Power to cancel leave
- 62Power to cancel leave extended under section 3C of the Immigration Act 1971
- Part 4: Appeals
- 63Appeals within the United Kingdom: certification of human rights claims
- 64Continuation of leave: repeals
- 65Deemed refusal of leave to enter: repeals
- Part 5: Support etc for certain categories of migrant
- Support
- 66Support for certain categories of migrant
- 67Unaccompanied refugee children: relocation and support
- 68Availability of local authority support Not yet in force
- Transfer of responsibility for relevant children
- 69Transfer of responsibility for relevant children
- 70Duty to provide information for the purposes of transfers of responsibility
- 71Request for transfer of responsibility for relevant children
- 72Scheme for transfer of responsibility for relevant children
- 73Extension to Wales, Scotland and Northern Ireland
- Part 6: Border security
- 74Penalties relating to airport control areas Not yet in force
- 75Maritime enforcement
- 76Persons excluded from the United Kingdom under international obligations
- Part 7: Language requirements for public sector workers
- 77English language requirements for public sector workers
- 78Meaning of “public authority”
- 79Power to expand meaning of person working for public authority
- 80Duty to issue codes of practice
- 81Procedure for codes of practice
- 82Application of Part to Wales
- 83Interpretation of Part
- 84Crown application
- Part 8: Fees and charges
- Immigration
- 85Immigration skills charge
- Passports and civil registration
- 86Power to make passport fees regulations
- 87Passport fees regulations: supplemental
- 88Power to charge for passport validation services
- 89Civil registration fees
- Part 9: Miscellaneous and general
- Welfare of children
- 90Duty regarding the welfare of children
- Final provisions
- 91Financial provisions
- 92Transitional and consequential provision
- 93Regulations
- 94Commencement
- 95Extent
- 96Short title
- Schedule 1: Persons to whom Director etc may disclose information Repealed
- Authorities with functions in connection with the labour market or the work place etc Repealed
- Paragraph Repealed
- Law enforcement and border security Repealed
- Paragraph Repealed
- Local government Repealed
- Paragraph Repealed
- Health bodies Repealed
- Paragraph Repealed
- Other Repealed
- Paragraph Repealed
- Schedule 2: Functions in relation to labour market
- Employment Agencies Act 1973 (c. 35)
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- 3Paragraph 3 Repealed
- National Minimum Wage Act 1998 (c. 39)
- 4Paragraph 4 Repealed
- 5Paragraph 5 Repealed
- 6Paragraph 6 Repealed
- 7Paragraph 7 Repealed
- Modern Slavery Act 2015 (c.30)
- 8Paragraph 8
- 9Paragraph 9 Repealed
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16 Repealed
- 17Paragraph 17 Repealed
- Schedule 3: Consequential and related amendments
- Public Records Act 1958 (c. 51)
- 1Paragraph 1 Repealed
- Parliamentary Commissioner Act 1967 (c. 13)
- 2Paragraph 2 Repealed
- Superannuation Act 1972 (c. 11)
- 3Paragraph 3 Repealed
- Employment Agencies Act 1973 (c. 35)
- 4Paragraph 4 Repealed
- House of Commons Disqualification Act 1975 (c. 24)
- 5Paragraph 5 Repealed
- Northern Ireland Assembly Disqualification Act 1975 (c. 25)
- 6Paragraph 6 Repealed
- National Minimum Wage Act 1998 (c. 39)
- 7Paragraph 7 Repealed
- Regulation of Investigatory Powers Act 2000 (c. 23)
- 8Paragraph 8 Repealed
- Freedom of Information Act 2000 (c. 36)
- 9Paragraph 9 Repealed
- Police Reform Act 2002 (c. 30)
- 10Paragraph 10 Repealed
- 11Paragraph 11 Repealed
- 12Paragraph 12 Repealed
- Gangmasters (Licensing) Act 2004 (c. 11)
- 13Paragraph 13
- 14Paragraph 14 Repealed
- 15Paragraph 15 Repealed
- 16Paragraph 16 Repealed
- 17Paragraph 17
- 18Paragraph 18 Repealed
- 19Paragraph 19 Repealed
- 20Paragraph 20 Repealed
- 21Paragraph 21 Repealed
- 22Paragraph 22 Repealed
- 23Paragraph 23
- 24Paragraph 24
- Pensions Act 2004 (c. 35)
- 25Paragraph 25 Repealed
- Natural Environment and Rural Communities Act 2006 (c. 16)
- 26Paragraph 26 Repealed
- Regulatory Enforcement and Sanctions Act 2008 (c. 13)
- 27Paragraph 27 Repealed
- Modern Slavery Act 2015 (c. 30)
- 28Paragraph 28 Repealed
- 29Paragraph 29 Repealed
- 30Paragraph 30 Repealed
- 31Paragraph 31 Repealed
- 32Paragraph 32 Repealed
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- 35Paragraph 35 Repealed
- Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2) (N.I.)
- 36Paragraph 36 Repealed
- Schedule 4: Licensing Act 2003: amendments relating to illegal working
- Part 1: Entitlement to work in the United Kingdom
- 1Paragraph 1
- Part 2: Premises licences
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Part 3: Personal licences
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Part 4: Rights of entry
- 22Paragraph 22
- Part 5: Appeals
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Part 6: General
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- Part 7: Transitional provision
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- Schedule 5: Private hire vehicles etc
- London Hackney Carriages Act 1843 (c. 86)
- 1Paragraph 1
- Metropolitan Public Carriage Act 1869 (c. 115)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Plymouth City Council Act 1975 (c. xx)
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Local Government (Miscellaneous Provisions) Act 1976 (c. 57)
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- Civic Government (Scotland) Act 1982 (c. 45)
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- Road Traffic Offenders (Northern Ireland) Order 1996 (SI 1996/1320 (NI 10))
- 33Paragraph 33
- Private Hire Vehicles (London) Act 1998 (c. 34)
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- Taxis Act (Northern Ireland) 2008 (c. 4)
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- Transitional provision
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- Schedule 6: Illegal working closure notices and illegal working compliance orders
- Illegal working closure notices
- 1Paragraph 1
- 2Paragraph 2
- Cancellation of illegal working closure notices
- 3Paragraph 3
- Service of notices
- 4Paragraph 4
- Illegal working compliance orders
- 5Paragraph 5
- Prescribed checks and documents
- 5AParagraph 5A
- Illegal working compliance orders: adjournment of hearing
- 6Paragraph 6
- Extension of illegal working compliance orders
- 7Paragraph 7
- Variation or discharge of illegal working compliance orders
- 8Paragraph 8
- Notice and orders: appeals
- 9Paragraph 9
- Notices and orders: enforcement
- 10Paragraph 10
- Notices and orders: offences
- 11Paragraph 11
- Access to other premises
- 12Paragraph 12
- Reimbursement of costs
- 13Paragraph 13
- Exemption from liability
- 14Paragraph 14
- Compensation
- 15Paragraph 15
- Guidance
- 16Paragraph 16
- Interpretation
- 17Paragraph 17
- Amendment of Licensing Act 2003
- 18Paragraph 18
- Schedule 7: Bank accounts
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Schedule 8: Amendments to search warrant provisions
- Immigration Act 1971 (c. 77)
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- UK Borders Act 2007 (c. 30)
- 7Paragraph 7
- Schedule 9: Duty to supply nationality documents to Secretary of State: persons to whom duty applies
- Paragraph
- Schedule 10: Immigration bail
- Part 1: Main provisions
- Power to grant immigration bail
- 1Paragraph 1
- Conditions of immigration bail
- 2Paragraph 2
- Exercise of power to grant immigration bail
- 3Paragraph 3
- Electronic monitoring condition
- 4Paragraph 4
- Financial condition
- 5Paragraph 5
- Power to vary bail conditions
- 6Paragraph 6
- Removal etc of electronic monitoring condition: bail managed by Secretary of State
- 7Paragraph 7
- Amendment etc of electronic monitoring condition: bail managed by First-tier Tribunal
- 8Paragraph 8
- Powers of Secretary of State to enable person to meet bail conditions
- 9Paragraph 9
- Arrest for breach of immigration bail
- 10Paragraph 10
- Duty to arrange consideration of bail
- 11Paragraph 11
- Tribunal Procedure Rules
- 12Paragraph 12
- Transitional provision
- 13Paragraph 13
- Part 2: Amendments to other Acts
- Immigration Act 1971 (c. 77)
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- Special Immigration Appeals Commission Act 1997 (c. 68)
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- Immigration and Asylum Act 1999 (c. 33)
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Nationality, Immigration and Asylum Act 2002 (c. 41)
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)
- 38Paragraph 38
- Immigration, Asylum and Nationality Act 2006 (c. 13)
- 39Paragraph 39
- UK Borders Act 2007 (c. 30)
- 40Paragraph 40
- Criminal Justice and Immigration Act 2008 (c. 4)
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- Schedule 11: Support for certain categories of migrant
- Part 1: Amendments of the Immigration Acts
- Abolition of power to support certain categories of migrant
- 1Paragraph 1
- 2Paragraph 2 Not yet in force
- Power to support people making further submissions in relation to protection claims Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- Power to support failed asylum-seekers Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- 9Paragraph 9 Not yet in force
- 10Paragraph 10 Not yet in force
- 11Paragraph 11 Not yet in force
- 12Paragraph 12 Not yet in force
- 13Paragraph 13 Not yet in force
- 14Paragraph 14 Not yet in force
- 15Paragraph 15 Not yet in force
- 16Paragraph 16 Not yet in force
- 17Paragraph 17 Not yet in force
- 18Paragraph 18 Not yet in force
- 19Paragraph 19 Not yet in force
- 20Paragraph 20 Not yet in force
- 21Paragraph 21 Not yet in force
- 22Paragraph 22 Not yet in force
- 23Paragraph 23 Not yet in force
- 24Paragraph 24 Not yet in force
- 25Paragraph 25 Not yet in force
- 26Paragraph 26 Not yet in force
- 27Paragraph 27 Not yet in force
- 28Paragraph 28 Not yet in force
- 29Paragraph 29 Not yet in force
- 30Paragraph 30 Not yet in force
- Accommodation centres: definition of “asylum-seeker” etc Not yet in force
- 31Paragraph 31 Not yet in force
- 32Paragraph 32 Not yet in force
- 33Paragraph 33 Not yet in force
- 34Paragraph 34 Not yet in force
- 35Paragraph 35 Not yet in force
- 36Paragraph 36 Not yet in force
- 37Paragraph 37 Not yet in force
- 38Paragraph 38 Not yet in force
- 39Paragraph 39 Not yet in force
- 40Paragraph 40 Not yet in force
- Repeal of uncommenced provisions Not yet in force
- 41Paragraph 41 Not yet in force
- 42Paragraph 42 Not yet in force
- 43Paragraph 43 Not yet in force
- 44Paragraph 44 Not yet in force
- 45Paragraph 45 Not yet in force
- Part 2: Transitional and saving provision
- 46Paragraph 46
- 47Paragraph 47 Not yet in force
- 48Paragraph 48 Not yet in force
- Schedule 12: Availability of local authority support Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- 4Paragraph 4 Not yet in force
- 5Paragraph 5 Not yet in force
- 6Paragraph 6 Not yet in force
- 7Paragraph 7 Not yet in force
- 8Paragraph 8 Not yet in force
- 9Paragraph 9 Not yet in force
- 10Paragraph 10 Not yet in force
- 11Paragraph 11 Not yet in force
- 12Paragraph 12 Not yet in force
- 13Paragraph 13 Not yet in force
- 14Paragraph 14 Not yet in force
- 15Paragraph 15 Not yet in force
- 16Paragraph 16 Not yet in force
- Schedule 13: Penalties relating to airport control areas Not yet in force
- Paragraph Not yet in force
- Schedule 14: Maritime enforcement
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 15: Civil registration fees
- Part 1: Powers to make regulations for the charging of fees
- Marriage Act 1949 (c. 76)
- 1Paragraph 1
- Births and Deaths Registration Act 1953 (c. 20)
- 2Paragraph 2
- Registration Service Act 1953 (c. 37)
- 3Paragraph 3
- Civil Partnership Act 2004 (c. 33)
- 4Paragraph 4
- Marriage (Same Sex Couples) Act 2013 (c. 30)
- 5Paragraph 5
- Part 2: Consequential and related amendments
- Places of Worship Registration Act 1855 (c. 81)
- 6Paragraph 6
- Savings Banks Act 1887 (c. 40)
- 7Paragraph 7
- Marriage Act 1949 (c. 76)
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Births and Deaths Registration Act 1953 (c. 20)
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Registration Service Act 1953 (c. 37)
- 32Paragraph 32
- Factories Act 1961 (c. 34)
- 33Paragraph 33
- Public Expenditure and Receipts Act 1968 (c. 14)
- 34Paragraph 34
- Marriage (Registrar General's Licence) Act 1970 (c. 34)
- 35Paragraph 35
- Social Security Administration Act 1992 (c. 5)
- 36Paragraph 36
- Education Act 1996 (c. 56)
- 37Paragraph 37