Service of notice for removal of family members

Policy effect

Service of notice for removal of family members

Conditions and exceptions

Recorded validated scope: The Immigration (Removal of Family Members) Regulations 2014.

Official source excerpt

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

Immigration and Asylum Act 1999; “family member” means a person who meets the conditions set out in section 10(3), (4) and (5) of the Act; “P” means a person who is liable to be or has been removed from the United Kingdom under section 10(1) of the Act. Giving of notice to a family member 3. A notice given to a family member in accordance with section 10(2) of the Act may be given— (a) at any time prior to P’s removal, or (b) during the period of eight weeks beginning with the date on which P is removed. Service of notice 4. —(1) A notice given to a family member in accordance with section 10(2) … of the Act may be— (a) given by hand, (b) sent by fax, (c) sent by postal service in which delivery or receipt is recorded to— (i) an address provided for correspondence by the person or the person’s representative, or (ii) where no address for correspondence has been provided, the last-known or usual place of abode or place of business of the person or the person’s representative, (d) sent electronically, (e) sent by document exchange to a document exchange number or address, (f) sent by courier, (g) collected by the person who is the subject of the decision or the person’s representative. (2) Where— (a) a person’s whereabouts are not known, and (b) no address is available for correspondence with either the person or the person’s representative under paragraph (1)(c), the notice shall be deemed to have been given when the Secretary of State or immigration officer enters a record of the above circumstances and places the signed notice on the relevant file. (3) Where notice is deemed to have been given in accordance with paragraph (2) and subsequently the person is located, the person is to be given a copy of the notice and details of when and how it was deemed to be served as soon … as is practicable. (4) Where a notice is sent by post in accordance with paragraph (1)(c) it shall be deemed to have been served, unless the contrary is proved, on the second day after it was posted. (5) For the purposes of paragraph (4) the period is to be calculated— (a) excluding the day on which the notice is posted, and (b) excluding any day which is not a business day. (6) In this regulation, “business day” means any day other than Saturday or Sunday, a day which is a bank holiday under the Banking and Financial Dealings Act 1971( 2 ) in the part of the United Kingdom to which the notice … is sent, Christmas Day or Good Friday. (7) A notice to be given to a family member in accordance with section 10(2) of the Act may, in the case of a child below the age of 18 who does not have a representative, be given to P. James Brokenshire Minister of State Home Office 20th October 2014 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations make provision under section 10(10)(b) of the Immigration and Asylum Act 1999 (“the 1999 Act”), as amended by section 1 of the Immigration Act 2014, in respect of the service of notice to family members of a person who is liable … to be or has been removed under section 10(1) of the 1999 Act, as amended, prior to the removal of those family members. The Regulations make provision in respect of the timing of such notice and set out how such notice is to be served. ( 1 ) 1999 c.33 , as amended by section 1 of the Immigration Act 2014 (c.22) . ( 2 ) 1971 c.80 .

Review method

Two separate automated exact-claim source reviews

Other United Kingdom changes operative in 2014

• 2014-01-01The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013
• 2014-03-14Anti-social Behaviour, Crime and Policing Act 2014
• 2014-04-06Annual Upward Revision of UK Visa, Nationality, and Sponsor Fees (2014)
• 2014-07-01The British Nationality (General) (Amendment) Regulations 2014
• 2014-07-01The Immigration (European Economic Area) (Amendment) Regulations 2014
• 2014-10-20Immigration Act 2014: Removal of Family Members of Removable Persons
• 2014-10-20Immigration Act 2014: Removal of Unlawful Migrants
• 2014-11-17Waiver of fee
• 2014-12-01The Immigration (Residential Accommodation) (Prescribed Requirements and Codes of Practice) Order 2014