Citation and commencement

1. —(1) These Regulations may be cited as the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) (Amendment) Regulations 2011 and shall come into force on 12th December 2011.

(2) These Regulations apply to an application for a certificate of entitlement received by the appropriate authority on or after the day on which they come into force.

(3) In paragraph (2) “appropriate authority” and “certificate of entitlement” have the same meaning as in the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006( 2 ).

Amendments to the Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006

2. —(1) The Immigration (Certificate of Entitlement to Right of Abode in the United Kingdom) Regulations 2006 shall be amended as follows.

(2) For regulation 3(b) (authority to whom an application must be made) substitute—

“ (b) if the applicant is in any of the Channel Islands or the Isle of Man, to the Lieutenant-Governor or the Secretary of State for the Home Department; ” .

(3) For regulation 4 (form of application) substitute—

“ 4. —(1) Subject to paragraph (2), an application for a certificate of entitlement must be accompanied by—

(a) the applicant’s passport or travel document;

(b) two photographs of the applicant taken no more than 6 months prior to making the application; and

(c) the additional documents which are specified in the right-hand column of the Schedule in respect of an application of a description specified in the corresponding entry in the left hand column.

(2) The requirement in paragraph (1)(c) may be waived in relation to a particular document if the appropriate authority—

(a) is satisfied that it is appropriate to do so in light of the facts of the particular case; and

(b) is otherwise satisfied that the applicant has a right of abode in the United Kingdom. ” .

(4) For regulation 6(b) (issue of certificate of entitlement) substitute—

“ (b) is not a person who holds:

(i) a United Kingdom passport describing him as a British citizen,

(ii) a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom, or

(iii) a certificate of entitlement; ” .

(5) For regulation 9(b) (expiry and revocation of certificate of entitlement) substitute—

“ (b) is the holder of:

(i) a United Kingdom passport describing him as a British citizen,

(ii) a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom,

(iii) another certificate of entitlement; ” .

(6) In the Schedule, after the heading, for “Regulation 4(c)” substitute “Regulation 4(1)(c)”.