General provisions regarding entry clearance, leave to enter or remain in the United Kingdom (paragraphs 7 to 39D). Flashcards
Who requires leave to enter the UK?
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.
- 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 …
- The time limit and any conditions attached…
- 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;
(iii) a condition requiring the person to register with the police; and
(iv) a condition restricting his studies in the United Kingdom
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.
- 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
10.B 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.
- A person claiming to be a British citizen must prove that he has the right of abode in the United Kingdom by producing…
- 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.
- 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 …
- 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.
- A Commonwealth citizen who has been given limited leave to enter the United Kingdom may later … The time limit on his stay may be removed if…
- 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 - define
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.
- 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).
- 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.
- 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.
