Home Office Changes Policy on Detention of Persons With Statutorily Extended Leave

The UK government has changed the detention policy regarding persons with statutorily extended leave under Section 3D of the Immigration Act 1971 (the 1971 Act).

IMMIGRATION MINISTER JAMES BROKENSHIRE

“Migrants whose leave has been revoked or curtailed with immediate effect will be liable to be detained or to report to the Home Office (depending on the individual circumstances of the case) pending their removal from the UK,” Immigration Minister James Brokenshire said.

In a written ministerial statement laid in the House of Commons, Mr Brokenshire said the move was meant to “allow robust and proportionate enforcement action against individuals who abuse the immigration system.”

The previous government stated that migrants who had received a removal decision under section 47 of the Immigration, Asylum and Nationality Act 2006 (the 2006 Act) could not be subject to reporting conditions or detention while they had continuing leave pending the outcome of an appeal (House of Commons Official Report 29th March 2006, Col 908).

Mr Brokenshire said the Home Office will continue not to detain persons whose leave is extended by virtue of section 3C of the 1971 Act. In these cases, migrants have sought to regularise their stay before their leave expired and should not be subject to enforcement action before their application is finally determined.

Similarly, a person whose leave is curtailed for reasons outside their control (for example, the college at which they were studying has closed down) would normally be left with some leave remaining, in order to let them find alternative provision. A removal decision would not be made with the curtailment decision and they would be unaffected by this policy change.

– Foreigners in UK