Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) (Amendment) Regulations 2011

Policy effect

Amends the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 to confer discretion on the determining authority to waive specific supporting document requirements when satisfied that the applicant holds the right of abode, updates the disqualifying criteria for certificate issuance, and allows applicants in the Channel Islands or the Isle of Man to apply directly to the Secretary of State. Phase scope: All applicants for a Certificate of Entitlement to Right of Abode in the United Kingdom, including applicants in the Channel Islands and Isle of Man.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… entitlement received by the appropriate authority on or after the day on which they come into force. (3) In paragraph (2) “appropriate authority” and “certificate of entitlement” have the same meaning as in the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006(2). Amendments to the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 2.—(1) The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 shall be amended as follows. (2) For regulation 3(b) (authority … to whom an application must be made) substitute— “(b)if the applicant is in any of the Channel Islands or the Isle of Man, to the Lieutenant-Governor or the Secretary of State for the Home Department;”. (3) For regulation 4 (form of application) substitute— “4.—(1) Subject to paragraph (2), an application for a certificate of entitlement must be accompanied by— (a)the applicant’s passport or travel document; (b)two photographs of the applicant taken no more than 6 months prior to making the application; and (c)the additional documents which are specified in the right-hand column of the Schedule in respect of an application of a description specified in the corresponding entry in the left hand column. (2) The requirement in paragraph (1)(c) may be waived in relation to a particular document if the appropriate authority— (a)is satisfied that it is appropriate to do so in light of the facts of the particular case; and (b)is otherwise satisfied that the applicant has a right of abode in the United Kingdom.”. (4) For regulation 6(b) (issue of certificate of entitlement) substitute— “(b)is not a person who holds: (i)a United Kingdom passport describing him as a British citizen, (ii)a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom, or (iii)a certificate of entitlement;”. (5) For regulation 9(b) (expiry and revocation of certificate of entitlement) substitute— “(b)is the holder of: (i)a United Kingdom passport describing him as a British citizen, (ii)a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom, (iii)another certificate of entitlement;”. (6) In the Schedule, after the heading, for “Regulation 4(c)” substitute “Regulation 4(1)(c)”. Damian Green Minister of State …

Review method

Two separate automated exact-claim source reviews

Other United Kingdom changes operative in 2011

• 2011-04-06Statement of Changes in Immigration Rules (HC 863 / HC 908)
• 2011-04-21Statement of Changes in Immigration Rules [HC 908]
• 2011-06-02The Immigration (European Economic Area) (Amendment) Regulations 2011
• 2011-07-04Statement of Changes in Immigration Rules (HC 1148)
• 2011-07-14In Schedule 1( 3 ) after “Vietnam” insert “Yemen”.
• 2011-11-28Reduction of Minimum Age for Marriage and Partner Visas and Sponsors from 21 to 18 (HC 1622)
• 2011-12-01Revision to Certificate of Approval and Registration Procedures for Foreign Marriages (S.I. 2011/2678)
• 2011-12-30The Accession (Immigration and Worker Authorisation) (Amendment) Regulations 2011