Immigration Act 1988
01 January 1991
Immigration Act 1988
actdoc July=1991
(NB. Marginal notes are in [...] immediately before the section to which
they refer)
ARRANGEMENT OF SECTIONS
Section
1. Termination of saving in respect of Commonwealth citizens settled
before 1973.
2. Restriction on exercise of right of abode in cases of polygamy.
3. Proof of right of abode.
4. Members of diplomatic missions.
5. Restricted right of appeal against deportation in cases of breach of
limited leave.
6. Knowingly overstaying limited leave.
7. Persons exercising Community rights and nationals of member States.
8. Examination of passengers prior to arrival.
9. Charges.
10. Miscellaneous minor amendments.
11. Expenses and receipts.
12. Short title, interpretation, commencement and extent.
Schedule-Minor Amendments.
Immigration Act 1988
1988 CHAPTER 14
An Act to make further provision for the regulation of immigration into the
United Kingdom; and for connected purposes.
[10th May 1988]
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice
and consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority of the same, as
follows:--
[Termination of saving in respect of Commonwealth citizens settled before
1973. 1971 c.77]
1.Section 1(5) of the Immigration Act 1971 (in this Act referred to as
"the principal Act") is hereby repealed.
[Restriction on exercise of right of abode in cases of polygamy]
2. (1) This section applies to any woman who-
(a) has the right of abode in the United Kingdom under section
2(1)(b) of the principal Act as, or as having been, the wife of a man
("the husband") -
(i) to whom she is or was polygamously married; and
(ii) who is or was such a citizen of the United Kingdom
and Colonies, Commonwealth citizen or British subject as is mentioned in
section 2(2)(a) or (b) of that Act as in force immediately before the
commencement of the British Nationality Act 1981; and
(b) has not before the coming into force of this section and since her
marriage to the husband been in the United Kingdom.
(2) A woman to whom this section applies shall not be entitled to
enter the United Kingdom in the exercise of the right of abode mentioned in
subsection (1)(a) above or to be granted a certificate of entitlement in
respect of that right if there is another woman living (whether or not one
to whom this section applies) who is the wife or widow of the husband and
who-
(a) is, or at any time since her marriage to the husband has been, in
the United Kingdom; or
[c. 14 Immigration Act 1988]
(b) has been granted a certificate of entitlement in respect of the
right of abode mentioned in subsection (1)(a) above or an entry clearance
to enter the United Kingdom as tile wife of the husband.
(3) So long as a woman is precluded by subsection (2) above from
entering the United Kingdom in the exercise of her right of abode or being
granted a certificate of entitlement in respect of that right the principal
Act shall apply to her as it applies to a person not having a right of
abode.
(4) Subsection (2) above shall not preclude a woman from re-entering
the United Kingdom if since her marriage to the husband she has at any time
previously been in the United Kingdom and there was at that time no such
other woman living as is mentioned in that subsection.
(5) Where a woman claims that this section does not apply to her
because she had been in the United Kingdom before the coming into force of
this section and since her marriage to the husband it shall be for her to
prove that fact.
(6) For the purposes of this section a marriage may be polygamous
although at its inception neither party has any spouse additional to th