Statutory Instruments
Immigration
Made
23rd March 2015
Coming into force
20th April 2015
The Secretary of State, in exercise of the powers conferred by sections 3(3)(a), 4(1) and 32(1) of the Immigration Act 1971(1), makes the following Order:
1.-(1) This Order may be cited as the Immigration (Variation of Leave) (Revocation) Order 2015.
(2) It comes into force on 20th April 2015.
2. The following Orders are revoked-
(a)The Immigration (Variation of Leave) Order 1976(2);
(b)The Immigration (Variation of Leave) (Amendment) Order 1989(3);
(c)The Immigration (Variation of Leave) (Revocation) Order 1991(4);
(d)The Immigration (Variation of Leave) (No. 2) Order 1991(5);
(e)The Immigration (Variation of Leave) (Amendment) Order 1993(6);
(f)The Immigration (Variation of Leave) (Amendment) Order 2000(7).
James Brokenshire
Minister of State
Home Office
23rd March 2015
(This note is not part of the Order)
This Order revokes the Orders listed in article 2.
The Immigration (Variation of Leave) Order 1976 ("the 1976 Order") (as amended by S.I. 1989/1005, S.I. 1993/1657 and S.I. 2000/245) made provision that, in appropriate cases, where a person applies to the Secretary of State for a variation of limited leave to enter or remain in the United Kingdom, his or her leave would not expire until 28 days after the date of the Secretary of State's decision on the application or, if the application is withdrawn, the date of the withdrawal of the application.
The 1976 Order, together with the Orders which amended it, is being revoked because section 3C of the Immigration Act 1971 (c. 22), as inserted by the Nationality, Immigration and Asylum Act 2002 (c. 41), now makes provision for the continuation of leave pending a variation decision in appropriate cases.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.
1971 c. 22. Section 4(1) was amended by paragraph 45 of Schedule 14 to the Immigration and Asylum Act 1999 (c. 33).
S.I. 1976/1572, as amended by S.I. 1989/1005, S.I. 1993/1657 and S.I. 2000/2445.