Immigration Act 1988

JurisdictionUK Non-devolved
Citation1988 c. 14
  • Section 1(5) of the
  • to whom she is or was polygamously married; andwho 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 has not before the coming into force of this section and since her marriage to the husband been in the United Kingdom.is, or at any time since her marriage to the husband has been, in the United Kingdom; orhas 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 the 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 the other.(7) For the purposes of subsections (1) (b) , (2) (a) , (4) and (5) above there shall be disregarded presence in the United Kingdom as a visitor or an illegal entrant and presence in circumstances in which a person is deemed by section 11(1) of the principal Act not to have entered the United Kingdom.(8) In subsection (2) (b) above the reference to a certificate of entitlement includes a reference to a certificate treated as such a certificate by virtue of section 39(8) of the (9) No application by a woman for a certificate of entitlement in respect of such a right of abode as is mentioned in subsection (1) (a) above or for an entry clearance shall be granted if another application for such a certificate or clearance is pending and that application is made by a woman as the wife or widow of the same husband.(10) For the purposes of subsection (9) above an application shall be regarded as pending so long as it and any appeal proceedings relating to it have not been finally determined.(1) For section 3(9) and (9A) of the principal Act there shall be substituted—
    • “(9) A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove that he has that right by means of either—
    • (a) a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or
    • (b) a certificate of entitlement issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode.
    a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; ora certificate of entitlement issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode.(2) For the provisions of section 13(3) of that Act up to the end of paragraph (b) there shall be substituted—
    • “(3) A person shall not be entitled to appeal, on the ground that he has a right of abode in the United Kingdom, against a decision that he requires leave to enter the United Kingdom unless he holds such a passport or certificate as is mentioned in section 3(9) above;
    .
    A person shall not be entitled to appeal, on the ground that he has a right of abode in the United Kingdom, against a decision that he requires leave to enter the United Kingdom unless he holds such a passport or certificate as is mentioned in section 3(9) above;(3) In section 2(2) of that Act for the words “sections 3(9) and (9A) , 5(2) and 13(3) ” there shall be substituted the words “ section 5(2) ”, subsections (3) and (5) of section 39 of the British Nationality Act 1981 are hereby repealed and in subsection (8) of that section for the words “as amended by this section” there shall be substituted the words “ as in force after commencement ”.
  • At the beginning of subsection (3) of section 8 of the principal Act (exemption from immigration control for members of diplomatic missions
  • as a member of that mission; orin order to take up a post as such a member which was offered to him before his arrival;

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