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Liable to Removal
A person is liable to removal from the UK if they require leave to enter or remain but do not have it.
Family Member Conditions
A family member of a person liable for removal can also be removed if they meet specific conditions.
First Condition for Family Members
The family member must be P's partner, child, parent (if P is a child), or adult dependent relative.
Second Condition for Family Members
The family member must have leave granted on the basis of family life with P or would be granted leave based on family life if P had leave.
Exclusions from Family Members
A family member cannot be liable for removal if they are a British citizen, an Irish citizen, or have leave granted under residence scheme immigration rules.
Notice of Liability
A notice given to a family member invalidates any previous leave to enter or remain in the UK.
Authority for Removal
A person can be removed only under the authority of the Secretary of State or an immigration officer.
Deportation Orders
If a deportation order is in force, specific procedures under Schedule 3 to the 1971 Act must be followed.
Detention Procedures
Directions for removal may include detention, placement on ships or aircraft, and searches as per Schedule 2 of the 1971 Act.
Definition of Child
In this context, a 'child' is a person who is under the age of 18.