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Deemed Permission - Required by Law to Remain

South GeorgiaSpecial cases

Explore the five recorded questions, answers and sources for this pathway.

Official link

What exactly is the official special programme/status and why does it exist?

This is deemed permission under section 9 and Schedule 2 Part C paragraph 8 of the Entry Control Ordinance 2022, for a person who is required by law to remain in the Territories. It is a statutory permission class, not a separately named application programme.

See recorded sources

Which specific population, role, circumstance or historical/legal situation does it cover?

The statutory description is any person who is required by law to remain in the Territories. The Ordinance does not identify one nationality or enumerate the other laws or circumstances that might create that obligation.

See recorded sources
Limits of the record
  • The particular law or authority creating the obligation is not identified by Schedule 2 paragraph 8.

What circumstance, event, relationship, nomination, invitation or status activates access?

The trigger is an existing legal requirement to remain in the Territories. The official source does not itself name the law or explain how that requirement is established.

See recorded sources

What sponsor, authority, nomination, certification, evidence or other step must occur before the status can be obtained?

Schedule 2 paragraph 8 identifies the legal requirement to remain as the qualifying circumstance and does not state a separate nomination, sponsor or permit application for this deemed-permission class. The evidence and procedure for establishing the underlying legal requirement are not specified in this paragraph.

See recorded sources
Limits of the record
  • What document or authority establishes the underlying legal duty to remain is not stated in the cited paragraph.

What immigration status and rights result, how long do they last, can family be included, and what happens if the special qualifying circumstance ends?

Deemed permission lasts for a 'specified period', a limited period during which the person may remain in the Territories. For persons of a Schedule 2 Part C description it is the period during which they continue to be of that description, or such other period (longer or shorter) as the Principal Immigration Officer determines. A person whose specified period has expired falls within section 13 (Removal orders). No one is entitled to live long-term or permanently in the Territories. The official source does not state whether family members can be included.

See recorded sources
Limits of the record
  • The sources do not state whether family members can be included in this deemed permission.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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