This week’s article provides further areas where changes have or are about to be introduced.
Investigations of marriages
New regulations in force from the 1st March 2015 introduce provisions for investigation into proposed marriages or civil partnerships. There is a 28 day period of notice which in non EU nationals can be extended to 70 days. All marriages where one of the parties is a non EU national must be referred to the Secretary of State who must decide whether or not to investigate it as a “sham” and must serve a notice of her decision under s48 of the Immigration Act 2014 before a marriage can take place.
Removal procedures
New regulations have been introduced. The aim is to simplify the process of removal. It will allow the Secretary of State to remove a person if they require leave to enter or remain and do not have it, there is no requirement for a notice to be served and enables their families to be removed without a separate notice.
Biometrics for British Citizenship
Intended regulations to come into force within 21 days after introduction (although the instrument has not yet been published)
Introduction of biometric information to be required for registration or naturalisation applications as British Citizens. There will also be special provision for taking biometrics of children under 16.
Residential tenancies
This is still being piloted and the cities chosen for this include Birmingham, Wolverhampton, Dudley, Walsall and Sandwell from December 2014. Landlords will have a duty to check the immigration status of tenants and will be fined £3000 for each tenant for failing to do so.
Banks and building societies required to check status of applicant
Formal regulation bar those who do not have leave from opening bank accounts, although these regulations have now formally been introduced, it has in practice been impossible for those not lawfully present to open accounts. Even worse there have been cases of those who are in the UK lawfully who are denied the ability to open an account easily.
Driving licences
Those who do not have lawful status will not be entitled to apply for a driving licence. In reality this has been an unwritten rule for many years.