Leave to enter the United
Kingdom
7. A person who
is neither a British citizen nor a Commonwealth citizen with the right
of abode nor a person who is entitled to enter or remain in the United Kingdom by
virtue of the provisions of the 2006 EEA Regulations requires leave to
enter the United Kingdom.
8.
Under Sections 3 and 4 of
the Immigration Act 1971 an Immigration Officer when admitting to the
United Kingdom a person subject to immigration control under that Act
may give leave to enter for a limited period and, if he does, may
impose all or any of the following conditions:
(i) a
condition
restricting employment or occupation in the United
Kingdom;
(ii) a
condition requiring the person to maintain and accommodate himself, and
any dependants of his, without recourse to public funds; and
(iii)
a condition requiring
the person to register with the police.
He may also
require him to report to the appropriate Medical Officer of
Environmental Health. Under Section 24 of the 1971 Act it is an offence
knowingly to remain beyond the time limit or fail to comply with such a
condition or requirement.
9.
The time limit and any
conditions attached will be made known to the person concerned either:
(i) by written
notice given to him or endorsed by the Immigration Officer in his
passport or travel document; or
(ii)
in any other manner
permitted by the Immigration (Leave to Enter and Remain) Order 2000.
Exercise of the power to
refuse leave to
enter the United Kingdom
or to cancel leave to enter or remain which is in
force
10. The power
to refuse leave to enter the United Kingdom
or to cancel leave to enter or remain which is already in force is not
to be exercised by an Immigration Officer acting on his own. The
authority of a Chief Immigration Officer or of an Immigration Inspector
must always be obtained.
Suspension of leave to
enter or remain in
the United Kingdom
10A. Where a
person has arrived in the United Kingdom
with leave to enter or remain which is in force but which was given to
him before his arrival he may be examined by an Immigration Officer
under paragraph 2A of Schedule 2 to the Immigration Act 1971. An
Immigration Officer examining a person under paragraph 2A may suspend
that person's leave to enter or remain in the United
Kingdom until the examination is
completed.
Cancellation of leave
to enter or remain in the United
Kingdom
10B. Where a
person arrives in the United
Kingdom with leave to enter or remain in the United
Kingdom which is already in force, an
Immigration Officer may cancel that leave.
Requirement for
persons arriving in the United
Kingdom or seeking entry through the
Channel Tunnel to produce evidence of identity and nationality
11.
A person must, on
arrival in the United Kingdom
or when seeking entry through the Channel Tunnel, produce on request by
the Immigration Officer:
(i) a valid
national passport or other document satisfactorily establishing his
identity and nationality; and
(ii)
such information as may
be required to establish whether he requires leave to enter the United
Kingdom and, if so, whether and on what terms leave to enter should be
given.
Requirement for a
person not requiring leave to
enter the United Kingdom
to prove that he has the right of abode
12.
A person claiming to be
a British citizen must prove that he has the right of abode in the United
Kingdom by producing either:
(i) a United Kingdom
passport describing him as a British citizen or as a citizen of the United Kingdom and
Colonies having the right of abode in the United
Kingdom; or
(ii)
a certificate of
entitlement duly issued by or on behalf of the Government of the United
Kingdom certifying that he has the
right of abode.
13. A person
claiming to be a Commonwealth citizen with the right of abode in the United Kingdom must
prove that he has the right of abode by producing a certificate of
entitlement duly issued to him by or on behalf of the Government of the
United Kingdom
certifying that he has the right of abode.
14.
A Commonwealth citizen
who has been given limited leave to enter the United
Kingdom may later claim to have the
right of abode. The time limit on his stay may be removed if he is able
to establish a claim to the right of abode, for example by showing
that:
(i) immediately
before the commencement of the British Nationality Act 1981 he was a
Commonwealth citizen born to or legally adopted by a parent who at the
time of the birth had citizenship of the United Kingdom and Colonies by
his birth in the United Kingdom or any of the Islands; and
(ii)
he has not ceased to be
a Commonwealth citizen in the meanwhile.
Common Travel Area
15.
The United Kingdom,
the
Channel Islands, the Isle of Man and the Republic
of Ireland
collectively form a common travel area. A person who has been examined
for the purpose of immigration control at the point at which he entered
the area does not normally require leave to enter any other part of it.
However certain persons subject to the Immigration (Control of Entry
through the Republic
of Ireland)
Order 1972 (as amended) who enter the United Kingdom
through the Republic of Ireland do
require leave to enter. This includes:
(i) those who
merely passed through the Republic of Ireland;
(ii) persons
requiring visas;
(iii) persons
who entered the Republic of Ireland
unlawfully;
(iv) persons
who are subject to directions given by the Secretary of State for their
exclusion from the United Kingdom on the ground that their exclusion is
conducive to the public good;
(v)
persons who entered the
Republic from the United
Kingdom and Islands after entering there unlawfully or
overstaying their leave.
Admission of certain
British passport holders
16.
A person in any of the
following categories may be admitted freely to the United Kingdom on
production of a United
Kingdom passport issued in the United Kingdom and
Islands or the Republic of Ireland
prior to 1 January 1973, unless his passport has been endorsed to show
that he was subject to immigration control:
(i) a British Dependent Territories
citizen;
(ii) a British
National (Overseas);
(iii) a British
Overseas citizen;
(iv) a British
protected person;
(v)
a British subject by
virtue of Section 30(a) of the British Nationality Act 1981, (who,
immediately before the commencement of the 1981 Act would have been a
British subject not possessing citizenship of the United Kingdom and
Colonies or the citizenship of any other Commonwealth country or
territory).
17.
British Overseas citizens who hold United Kingdom
passports wherever issued and who satisfy the Immigration Officer that
they have, since 1 March 1968, been given indefinite leave to enter or
remain in the United Kingdom
may be given indefinite leave to enter.
Persons
outside the United
Kingdom
17A.
Where a person is outside the United Kingdom but wishes to travel to
the United Kingdom
an Immigration Officer may give or refuse him leave to enter. An
Immigration Officer may exercise these powers whether or not he is,
himself, in the United Kingdom. However, an Immigration Officer is not
obliged to consider an application for leave to enter from a person
outside the United Kingdom.
17B.
Where a person having left the common travel area, has leave to enter
the United Kingdom which remains in force under article 13 of the
Immigration (Leave to Enter and Remain) Order 2000, an Immigration
Officer may cancel that leave. An Immigration Officer may exercise
these powers whether or not he is, himself, in the United Kingdom. If a
person outside the United Kingdom has leave to remain in the United
Kingdom which is in force in this way, the Secretary of State may
cancel that leave.
Returning Residents
18.
A person seeking leave
to enter the United Kingdom as a returning resident may be admitted for
settlement provided the Immigration Officer is satisfied that the
person concerned:
(i) had
indefinite leave to enter or remain in the United Kingdom when he last
left; and
(ii) has not
been away from the United Kingdom for more than 2 years; and
(iii) did not
receive assistance from public funds towards the cost of leaving the
United Kingdom; and
(iv)
now seeks admission for
the purpose of settlement.
19. A person
who does not benefit from the preceding paragraph by reason only of
having been away from the United Kingdom too long may nevertheless be
admitted as a returning resident if, for example, he has lived here for
most of his life.
19A. Where a
person who has indefinite leave to enter or remain in the United
Kingdom accompanies, on a tour of duty abroad, a spouse, civil partner,
unmarried partner or same-sex partner who is a member of HM Forces
serving overseas, or a permanent member of HM Diplomatic Service, or a
comparable United Kingdom-based staff member of the British Council, or
a staff member of the Department for International Development who is a
British Citizen or is settled in the United Kingdom, sub-paragraphs
(ii) and (iii) of paragraph 18 shall not apply.
20.
The leave of a person whose stay in the United Kingdom is subject to a
time limit lapses on his going to a country or territory outside the
common travel area if the leave was given for a period of six months or
less or conferred by a visit visa. In other cases, leave lapses on the
holder remaining outside the United Kingdom for a continuous period of
more than two years. A person whose leave has lapsed and who returns
after a temporary absence abroad within the period of this earlier
leave has no claim to admission as a returning resident. His
application to re-enter the United Kingdom should be considered in the
light of all the relevant circumstances. The same time limit and any
conditions attached will normally be reimposed if he meets the
requirements of these Rules, unless he is seeking admission in a
different capacity from the one in which he was last given leave to
enter or remain.
^^BACK TO TOP
Non-lapsing leave
20A. Leave to
enter or remain in the United Kingdom will usually lapse on the holder
going to a country or territory outside the common travel area.
However, under article 13 of the Immigration (Leave to Enter and
Remain) Order 2000 such leave will not lapse where it was given for a
period exceeding six months or where it was conferred by means of an
entry clearance (other than a visit visa).
Holders of restricted
travel documents and
passports
21. The leave
to enter or remain in the United Kingdom of the holder of a passport or
travel document whose permission to enter another country has to be
exercised before a given date may be restricted so as to terminate at
least 2 months before that date.
22. If his
passport or travel document is endorsed with a restriction on the
period for which he may remain outside his country of normal residence,
his leave to enter or remain in the United Kingdom may be limited so as
not to extend beyond the period of authorised absence.
23. The holder
of a travel document issued by the Home Office should not be given
leave to enter or remain for a period extending beyond the validity of
that document. This paragraph and paragraphs 21-22 do not apply to a
person who is eligible for admission for settlement or to a spouse or
civil partner who is eligible for admission under paragraph 282 or to a
person who qualifies for the removal of the time limit on his stay.
Leave to enter granted
on arrival in the
United Kingdom
23A. A person
who is not a visa national and who is seeking leave to enter on arrival
in the United Kingdom for a period not exceeding 6 months for a purpose
for which prior entry clearance is not required under these Rules may
be granted such leave, for a period not exceeding 6 months. This
paragraph does not apply where the person is a British National
(Overseas), a British overseas territories citizen, a British Overseas
citizen, a British protected person, or a person who under the British
Nationality Act 1981 is a British subject.
23B. A person
who is a British National (Overseas), a British overseas territories
citizen, a British Overseas citizen, a British protected person, or a
person who under the British Nationality Act 1981 is a British subject,
and who is seeking leave to enter on arrival in the United Kingdom for
a purpose for which prior entry clearance is not required under these
Rules may be granted such leave, irrespective of the period of time for
which he seeks entry, for a period not exceeding 6 months.
Entry clearance
24.
The following must
produce to the Immigration Officer a valid passport or other identity
document endorsed with a United Kingdom entry clearance issued to him
for the purpose for which he seeks entry:
(i) a visa
national;
(ii)
any other person (other
than British Nationals (Overseas), a British overseas territories
citizen, a British Overseas citizen, a British protected person or a
person who under the British Nationality Act 1981 is a British subject)
who is seeking entry for a period exceeding six months or is seeking
entry for a purpose for which prior entry clearance is required under
these Rules.
Such a person
will be refused leave to enter if he has no such current entry
clearance. Any other person who wishes to ascertain in advance whether
he is eligible for admission to the United Kingdom may apply for the
issue of an entry clearance.
25. Entry
clearance takes the form of a visa (for visa nationals) or an entry
certificate (for non visa nationals). These documents are to be taken
as evidence of the holder's eligibility for entry into the United
Kingdom, and accordingly accepted as "entry clearances" within the
meaning of the Immigration Act 1971.
25A. An entry
clearance which satisfies the requirements set out in article 3 of the
Immigration (Leave to Enter and Remain) Order 2000 will have effect as
leave to enter the United Kingdom. The requirements are that the entry
clearance must specify the purpose for which the holder wishes to enter
the United Kingdom and should be endorsed with the conditions to which
it is subject or wish a statement that it has effect as indefinite
leave to enter the United Kingdom. The holder of such an entry
clearance will not require leave to enter on arrival in the United
Kingdom and, for the purposes of these Rules, will be treated as a
person who has arrived in the United Kingdom with leave to enter the
United Kingdom which is in force but which was given to him before his
arrival.
26. An
application for entry clearance will be considered in accordance with
the provisions in these Rules governing the grant or refusal of leave
to enter. Where appropriate, the term "Entry Clearance Officer" should
be substituted for "Immigration Officer".
27. An
application for entry clearance is to be decided in the light of the
circumstances existing at the time of the decision, except that an
applicant will not be refused an entry clearance where entry is sought
in one of the categories contained in paragraphs 296-316 solely on
account of his attaining the age of 18 years between receipt of his
application and the date of the decision on it.
28. An
applicant for an entry clearance must be outside the United Kingdom and
Islands at the time of the application. An applicant for an entry
clearance who is seeking entry as a visitor must apply to a post
designated by the Secretary of State to accept applications for entry
clearance for that purpose and from that category of applicant. Any
other application must be made to the post in the country or territory
where the applicant is living which has been designated by the
Secretary of State to accept applications for entry clearance for that
purpose and from that category of applicant. Where there is no such
post the applicant must apply to the appropriate designated post
outside the country or territory where he is living.
29. For the
purposes of paragraph 28 "post" means a British Diplomatic Mission,
British Consular post or the office of any person outside the United
Kingdom and Islands who has been authorised by the Secretary of State
to accept applications for entry clearance. A list of designated posts
is published by the Foreign and Commonwealth Office.
30. An
application for an entry clearance is not made until any fee required
to be paid under the Consular Fees Act 1980 (including any Regulations
or Orders made under that Act) has been paid.
30A.
An entry clearance may
be revoked if the Entry Clearance Officer is satisfied that:
(i) whether or
not to the holder's knowledge, false representations were employed or
material facts were not disclosed, either in writing or orally, for the
purpose of obtaining the entry clearance; or
(ii) a change
of circumstances since the entry clearance was issued has removed the
basis of the holder's claim to be admitted to the United Kingdom,
except where the change of circumstances amounts solely to his
exceeding the age for entry in one of the categories contained in
paragraphs 296-316 of these Rules since the issue of the entry
clearance; or
(iii)
the holder's exclusion
from the United Kingdom would be conducive to the public good.
30B. An entry
clearance shall cease to have effect where the entry clearance has
effect as leave to enter and an Immigration Officer cancels that leave
in accordance with paragraph 2A(8) of Schedule 2 to the Immigration Act
1971.
30C. An
Immigration Officer may cancel an entry clearance which is capable of
having effect as leave to enter if the holder arrives in the United
Kingdom before the day on which the entry clearance becomes effective
or if the holder seeks to enter the United Kingdom for a purpose other
than the purpose specified in the entry clearance.
Variation of leave to
enter or remain in the
United Kingdom
31. Under
Section 3(3) of the 1971 Act a limited leave to enter or remain in the
United Kingdom may be varied by extending or restricting its duration,
by adding, varying or revoking conditions or by removing the time limit
(where upon any condition attached to the leave ceases to apply). When
leave to enter or remain is varied an entry is to be made in the
applicant's passport or travel document (and his registration
certificate where appropriate) or the decision may be made known in
writing in some other appropriate way.
31A. Where a
person has arrived in the United Kingdom with leave to enter or remain
in the United Kingdom which is in force but was given to him before his
arrival, he may apply, on arrival at the port of entry in the United
Kingdom, for variation of that leave. An Immigration Officer acting on
behalf of the Secretary of State may vary the leave at the port of
entry but is not obliged to consider an application for variation made
at the port of entry. If an Immigration Officer acting on behalf of the
Secretary of State has declined to consider an application for
variation of leave at a port of entry but the leave has not been
cancelled under paragraph 2A(8) of Schedule 2 to the Immigration Act
1971, the person seeking variation should apply to the Home office
under paragraph 32.
32. After
admission to the United Kingdom any application for an extension of the
time limit on or variation of conditions attached to a person's stay in
the United Kingdom must be made to the Home Office before the
applicant's current leave to enter or remain expires. With the
exception of applications made under paragraph 31A (applications at the
port of entry), paragraph 33 (work permits), 33A (applications made
outside the United Kingdom), paragraphs 255 to 257 (EEA nationals) and
Part 11 (asylum) all applications for variation of leave to enter or
remain must be made using the form prescribed for the purpose by the
Secretary of State, which must be completed in the manner required by
the form and be accompanied by the documents and photographs specified
in the form. An application for such a variation made in any other way
is not valid.
33. Where the
application is in respect of employment for which a work permit or a
permit for training or work experience is required or is in respect of
the spouse or civil partner or child of a person who is making such an
application, the application should be made direct to Work Permits (UK)
at the Home Office.
33A. Where a
person having left the common travel area, has leave to enter or remain
in the United Kingdom which remains in force under article 13 of the
Immigration (Leave to Enter and Remain) Order 2000., his leave may be
varied (including any condition to which it is subject in such form and
manner as permitted for the giving of leave to enter. However, the
Secretary of State is not obliged to consider an application for
variation of leave to enter or remain from a person outside the United
Kingdom.
Withdrawn applications
for variation of leave to
enter or remain in the United Kingdom
34. Where a
person whose application for variation of leave to enter or remain is
being considered requests the return of his passport for the purpose of
travel outside the common travel area, the application for variation of
leave shall, provided it has not already been determined, be treated as
withdrawn as soon as the passport is returned in response to that
request.
Undertakings
35. A sponsor
of a person seeking leave to enter or variation of leave to enter or
remain in the United Kingdom may be asked to give an undertaking in
writing to be responsible for that person's maintenance and
accommodation for the period of any leave granted, including any
further variation. Under the Social Security Administration Act 1992
and the Social Security Administration (Northern Ireland) Act 1992, the
Department of Social Security or, as the case may be, the Department of
Health and Social Services in Northern Ireland, may seek to recover
from the person giving such an undertaking any income support paid to
meet the needs of the person in respect of whom the undertaking has
been given. Under the Immigration and Asylum Act 1999 the Home Office
may seek to recover from the person giving such an undertaking amounts
attributable to any support provided under section 95 of the
Immigration and Asylum Act 1999 (support for asylum seekers) to, or in
respect of, the person in respect of whom the undertaking has been
given. Failure by the sponsor to maintain that person in accordance
with the undertaking, may also be an offence under section 105 of the
Social Security Administration Act 1992 and/or under section 108 of the
Immigration and Asylum Act 1999 if, as a consequence, asylum support
and/or income support is provided to, or in respect of, that person.
Medical
36. A person
who intends to remain in the United Kingdom for more than 6 months
should normally be referred to the Medical Inspector for examination.
If he produces a medical certificate he should be advised to hand it to
the Medical Inspector. Any person seeking entry who mentions health or
medical treatment as a reason for his visit, or who appears not to be
in good mental or physical health, should also be referred to the
Medical Inspector; and the Immigration Officer has discretion, which
should be exercised sparingly, to refer for examination in any other
case.
37. Where the
Medical Inspector advises that a person seeking entry is suffering from
a specified disease or condition which may interfere with his ability
to support himself or his dependants, the Immigration Officer should
take account of this, in conjunction with other factors, in deciding
whether to admit that person. The Immigration Officer should also take
account of the Medical Inspector's assessment of the likely course of
treatment in deciding whether a person seeking entry for private
medical treatment has sufficient means at his disposal.
38. A returning
resident should not be refused leave to enter or have existing leave to
enter or remain cancelled on medical grounds. But where a person would
be refused leave to enter or have existing leave to enter or remain
cancelled on medical grounds if he were not a returning resident or in
any case where it is decided on compassionate grounds not to exercise
the power to refuse leave to enter or to cancel existing leave to enter
or remain, or in any other case where the Medical Inspector so
recommends, the Immigration Officer should give the person concerned a
notice requiring him to report to the Medical Officer of Environmental
Health designated by the Medical Inspector with a view to further
examination and any necessary treatment.
39. The Entry
Clearance Officer has the same discretion as an Immigration Officer to
refer applicants for entry clearance for medical examination and the
same principles will apply to the decision whether or not to issue an
entry clearance.
Students
39A.
An application for a
variation of leave to enter or remain made by a student who is
sponsored by a government or international sponsorship agency may be
refused if the sponsor has not given written consent to the proposed
variation.
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