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Statutory Instruments

2016 No. 948

Immigration

The Immigration (Variation of Leave) Order 2016

Made

21st September 2016

Coming into force

6th October 2016

The Secretary of State makes the following Order in exercise of the powers conferred by sections 3(3)(a) and 4(1) of the Immigration Act 1971( 1 ).

Citation and commencement

1. This Order may be cited as the Immigration (Variation of Leave) Order 2016 and comes into force on 6th October 2016.

Interpretation

2. In this Order—

“competent authority” means a person who is a competent authority of the United Kingdom for the purposes of the Trafficking Convention;

“overseas domestic worker” means a person who, under the immigration rules, has leave to enter the United Kingdom as—

(a)

a domestic worker in a private household, or

(b)

a private servant in a diplomatic household;

“Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (agreed at Warsaw on 16 May 2005)( 2 );

“victim of modern slavery” means a victim of—

(a)

trafficking in human beings, which has the same meaning as provided in article 4 of the Trafficking Convention; or

(b)

slavery, servitude, or forced or compulsory labour, which have the same meanings as they have for the purposes of article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms (agreed by the Council of Europe at Rome on 4 November 1950)( 3 ).

Variation of limited leave to enter the United Kingdom

3. Where—

(a) a competent authority has determined or determines that there are reasonable grounds to believe that an overseas domestic worker (“P”) is a victim of modern slavery, and

(b) P’s leave would otherwise expire before the competent authority notifies P of its conclusive decision as to whether P is a victim of modern slavery,

then P’s leave is extended until the end of the twenty-eighth day after the date on which the competent authority sends P notice in writing of its conclusive decision as to whether P is a victim of modern slavery.

Robert Goodwill

Minister of State

Home Office

21st September 2016

( 1 )

1971 c. 77 . Section 4(1) was amended by paragraph 45 of Schedule 14 to the Immigration and Asylum Act 1999 (c. 33) .

( 2 )

CETS No.197.

( 3 )

CETS No.005.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Immigration (Variation of Leave) Order 2016 (2016/948)
Version from: original only

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Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
Defined Term Section/Article ID Scope of Application
competent authority art. 2. def_5bf9de58f1
overseas domestic worker art. 2. def_71631fef89
Trafficking Convention art. 2. def_d1c1f0980c
victim of modern slavery art. 2. def_7995f27612

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