Overview

The Borders, Citizenship and Immigration Act 2009 reorganized UK border functions, updated citizenship laws, made changes to immigration procedures, and addressed other related matters. It transferred certain powers from Her Majesty's Revenue and Customs (HMRC) to the Secretary of State and a new Director of Border Revenue, modified citizenship application requirements, and introduced measures relating to child welfare and the investigation of crimes.

Description

Part 1 (Border Functions): This part significantly altered the responsibilities for customs and border control. It gave the Secretary of State concurrent powers with HMRC over general customs matters and established a Director of Border Revenue responsible for customs revenue matters. New roles of "general customs officials" and "customs revenue officials" were created, primarily drawn from immigration officers within the Secretary of State's department. The act also introduced strict rules around the use and disclosure of customs information, including offenses for wrongful disclosure and exceptions for legal proceedings and national security. It detailed processes for investigations and detentions, enabling officers to use similar powers as police officers under the Police and Criminal Evidence Act 1984, and stipulated requirements for inspections and oversight.

Part 2 (Citizenship): This part amended the British Nationality Act 1981. Key changes include altering the requirements for naturalization, including the qualifying period, presence in the UK, and family ties. It clarified the meaning of "being in breach of immigration laws" and allowed descent through the female line in determining British citizenship, broadening the conditions for acquiring British citizenship through birth or registration.

Part 3 (Immigration): This section mainly focused on giving immigration officers more control over the studies permitted to foreign nationals in the UK and updated fingerprinting requirements for foreign criminals facing deportation. Additionally, it extended the powers of detention at ports in Scotland.

Part 4 (Miscellaneous and General): This part covered various provisions, including the transfer of certain immigration judicial review applications to the Upper Tribunal, amendments to the definition of "exploitation" in relation to human trafficking, and importantly, the establishment of a duty regarding the welfare of children in the context of immigration, asylum, and nationality matters.

Government Spending

The Act's impact on government spending is not directly specified in the provided text. However, the creation of a new Director of Border Revenue and the potential for increased staffing for new customs officials could lead to increased spending. Conversely, the restructuring of border functions may aim to improve efficiency and, in the long run, reduce costs.

Groups Affected

• Immigration Officers: Expanded roles and responsibilities, including potential for increased workload and new training requirements.
• HMRC Officers: Transfer of some functions to other government departments; potential changes in workload.
• Applicants for British Citizenship: Changes to the requirements for obtaining citizenship, potentially impacting application processes and success rates.
• Foreign Nationals in the UK: Changes to study restrictions, detention procedures at ports, and the interpretation of immigration law breaches.
• UK Border Agency: Increased responsibilities and oversight.
• The Judiciary: Transfer of certain immigration judicial review applications.
• Children: Increased focus on safeguarding their welfare within immigration processes.

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