Immigration Act

This circular provides information on sections 44-47 of the UK Borders Act 2007 which came into force on March 31, 2008. This circular also provides information on sections 21-26 of the Immigration, Asylum and Nationality Act 2006 and sections 27 and 28 of the UK Borders Act 2007, which came into force on February 29, 2008.

Sections 44-47: Powers related to entry and search for nationality documents and seizure and retention of nationality documents.

Please note that use of the powers under sections 44-47 will initially be limited to a pilot in three London Boroughs:

?Waltham Forest

?Hackney

?Islington

Sections 44-47 should not be used elsewhere in the UK whilst this pilot is ongoing, during which the powers will only be available to designated officers working as part of Operation Swale. Following the completion of the pilot, a Home Office circular will advise of a national roll-out.

Sections 44 and 45 enable immigration officers and police officers to enter and search certain premises for documents relating to nationality or identity where they suspect they may be found on those premises. Section 46 allows officers to seize and retain such documents. Section 47 extends these powers to designated police civilians by inserting paragraph 18A to Part 2 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by police civilians: investigating officers).

Sections 21-26 of the Immigration, Asylum and Nationality Act 2006 and sections 27 and 28 of the UK Borders Act 2007.

Section 21 of the 2006 Act created a new criminal offence for an employer to employ somebody knowing that the employee is an adult subject to immigration control, and:

?Has not been given leave to enter or remain in the UK; or

?The leave to enter or remain in the UK is invalid, has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise); or

?Is subject to a condition preventing the employee from accepting the employment.

An officer, who believes that the employer is employing an illegal migrant worker, but does not have sufficient evidence to secure a conviction under section 21, should report his suspicions to the UK Border Agency. Further information can be found at http://www.bia.homeoffice.gov.uk/employers/ preventingillegalworking/complyingwiththelaw/post280208

A section 21 offence is only committed when the employment commenced on or after February 29, 2008. Under SI 2008/310, when employment commenced on, or after January 27, 1997, but before February 29, 2008, his employer remains liable for prosecution under section 8 of the Asylum and Immigration Act 1996.

Section 27 and 28 of the Borders Act 2007 amend Sections 28AA and 28FA of the Immigration Act 1996 respectively. Neither section of the 2007 Act will have an effect in relation to employment which commenced prior to February 29, 2008, even if employment continued after that date. In such cases, section 8 of the Asylum and Immigration Act 1996 will be effective.

The circular can be found in full at http://www. circulars.homeoffice.gov.uk