Parliamentary.ai


by Munro Research

UK Borders Control Bill


Official Summary

A Bill to make provision to ensure that the United Kingdom has absolute control over the right to prevent non-UK citizens from entering the United Kingdom; to determine the circumstances in which non-UK citizens may be required to leave the United Kingdom; and for connected purposes.

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Overview

The UK Borders Control Bill aims to give the UK Parliament absolute control over who enters and leaves the country. It seeks to strengthen border security by introducing new registration requirements for non-UK citizens and establishing stricter penalties for illegal entry or overstaying.

Description

This bill asserts the UK Parliament's sovereignty over its borders, overriding previous legislation that may have conflicted with this aim. Key features include:

  • Reaffirmation of Parliamentary Sovereignty: The bill explicitly states the UK Parliament's right to control entry and departure of non-UK citizens.
  • Regulation of Entry: The UK retains the exclusive right to regulate entry and departure of non-UK citizens, regardless of previous agreements or directives.
  • Repeal of Section 7 of the Immigration Act 1988: An existing section of the Immigration Act is repealed to remove any potential conflicts with the bill's objectives.
  • Registration Certificates: Non-UK citizens residing without legal documentation will need to apply for registration certificates to confirm their right to remain in the UK. The Secretary of State will manage this process, setting application criteria and grounds for approval or refusal.
  • Offences and Penalties: Being in the UK without legal authority after a specified date, or entering without permission, becomes a criminal offence. Penalties include imprisonment (up to six months), fines (up to £5,000), or both. Deportation is also mandated unless the Secretary of State deems it against the public interest.

Government Spending

The bill does not specify the exact financial implications. However, it is likely to increase government spending on border control enforcement, processing registration applications, and potentially on deportations.

Groups Affected

  • Non-UK citizens residing in the UK without legal documentation: They will be required to apply for registration certificates and risk prosecution if they fail to comply.
  • Non-UK citizens seeking to enter the UK: They will face stricter entry requirements and potentially harsher penalties for illegal entry.
  • UK Border Agency/Home Office: This group will see increased workload and responsibility for enforcing the new regulations.
  • Courts: Increased caseloads relating to prosecutions and deportation appeals are expected.
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