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Immigration Rules part 1: leave to enter or stay in the UK

Home Office

April 12
09:04 2023

  1. 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 section 3ZA of the Immigration Act 1971 requires leave to enter the United Kingdom.
  2. 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:
    1. (i) a condition restricting employment or occupation in the United Kingdom;
    2. (ii) a condition requiring the person to maintain and accommodate himself, and any dependants of his, without recourse to public funds;
    3. (iii) a condition requiring the person to register with the police; and
    4. (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.

  1. 9.The time limit and any conditions attached will be made known to the person concerned either:
    1. (i) by written notice given to him or endorsed by the Immigration Officer in his passport or travel document; or
    2. (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

  1. 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

  1. 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 persons 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

  1. 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

  1. 11.A person must, on arrival in the United Kingdom or when seeking entry through the Channel Tunnel, produce on request by an immigration officer:
    1. (i) a valid national passport or, subject to paragraph 11A other document satisfactorily establishing their identity and nationality; and
    2. (ii) such information as may be required to establish whether they require leave to enter the United Kingdom and, if so, whether and on what terms leave to enter should be given.
  1. 11A. A national identity card is not valid for the purposes of paragraph 11(i), except where the holder is one of the following:
    1. (a) a British citizen of Gibraltar; or
    2. (b) a national of Switzerland with a valid entry clearance granted under Appendix Service Providers from Switzerland to these Rules; or
    3. (c) a national of one of the countries listed in paragraph 11B with valid indefinite or limited leave to enter or remain granted under Appendix EU to these Rules, or who has made a valid application under that Appendix (other than as a joining family member of a relevant sponsor, as defined in Annex 1 to that Appendix) which has not yet been finally determined; or
    4. (d) a national of one of the countries listed at paragraph 11B with a valid entry clearance in the form of an EU Settlement Scheme Family Permit; or
    5. (e) a national of one of the countries listed at paragraph 11B with a frontier worker permit; or
    6. (f) a national of one of the countries listed at paragraph 11B seeking to come to the UK as an S2 Healthcare Visitor; or
    7. (g) a national of one of the countries listed at paragraph 11B who has been granted immigration permission equivalent to that set out in sub-paragraphs (b) to (f) above by the Islands, or who has made a valid application under the equivalent in the Islands of Appendix EU to these rules (other than as the equivalent of a joining family member of a relevant sponsor, as defined in Annex 1 to that Appendix) which has not yet been finally determined.
  2. 11B. For the purposes of subparagraphs (c) to (g) of paragraph 11A, the holder must be a national of one of the following countries:
    1. Austria
    2. Belgium
    3. Bulgaria
    4. Croatia
    5. Cyprus
    6. Czech Republic
    7. Denmark
    8. Estonia
    9. Finland
    10. France
    11. Germany
    12. Greece
    13. Hungary
    14. Iceland
    15. Italy
    16. Latvia
    17. Liechtenstein
    18. Lithuania
    19. Luxembourg
    20. Malta
    21. Netherlands
    22. Norway
    23. Poland
    24. Portugal
    25. Romania
    26. Slovakia
    27. Slovenia
    28. Spain
    29. Sweden
    30. Switzerland.

Requirement for a person not requiring leave to enter the United Kingdom to prove that he has the right of abode

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