2000 No. 1161
The Immigration (Leave to Enter and Remain) Order 2000
Made
Coming into force
Articles 1 to 12, 14 and 15(1) in accordance with article 1(2)
Articles 13 and 15(2)
Whereas a draft of this Order has been laid before Parliament and approved by a resolution of each House in accordance with sections 3A(13) and 3B(6) of the Immigration Act 19711;
Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by sections 3A(1), (2), (3), (4), (6) and (10) and 3B(2)(a) and (c) and (3)(a) of the Immigration Act 1971, hereby makes the following Order:C10
PART IGENERAL
Citation, commencement and interpretationI11
1
This Order may be cited as the Immigration (Leave to Enter and Remain) Order 2000.
2
Articles 1 to 12, 14 and 15(1) of this Order shall come into force on 28th April 2000 or, if later, on the day after the day on which it is made and articles 13 and 15(2) shall come into force on 30th July 2000.
3
In this Order—
“the Act” means the Immigration Act 1971;
F5“ADS Agreement with China” means the Memorandum of Understanding on visa and related issues concerning tourist groups from the People’s Republic of China to the United Kingdom as an approved destination, signed on 21st January 2005;
F20“biometric immigration document” means a document recording biometric information;
“control port” means a port in which a control area is designated under paragraph 26(3) of Schedule 2 to the Act;
F1“convention travel document” means a travel document issued pursuant to Article 28 of the Refugee Convention, except where that travel document was issued by the United Kingdom Government;
F40“Crown service” means service of the Crown, whether within Her Majesty's dominions or elsewhere, under Her Majesty's government in the United Kingdom or in a Northern Ireland department or under the Scottish Administration or under the Welsh Government;
F13“decision-maker” means—
- a
the Secretary of State;
- b
an immigration officer;
- a
F65"Her Majesty's Forces” has the same meaning as in the Armed Forces Act 2006;
F19...
F2“Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol;
F14“representative” means a person who appears to the decision-maker—
- a
to be the representative of the person referred to in article 8ZA(1); and
- b
not to be prohibited from acting as a representative by section 84 of the Immigration and Asylum Act 1999;
- a
“responsible third party” means a person appearing to an immigration officer to be:
- a
in charge of a group of people arriving in the United Kingdom together or intending to arrive in the United Kingdom together;
- b
a tour operator;
- c
the owner or agent of a ship, aircraft, train, hydrofoil or hovercraft;
- d
the person responsible for the management of a control port or his agent; or
- e
an official at a British Diplomatic Mission or at a British Consular Post or at 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
F52“Service Provider from Switzerland visa” means an entry clearance granted for the purpose of entry to the United Kingdom under the appendix to the immigration rules entitled “Appendix Service Providers from Switzerland”
“tour operator” means a person who, otherwise than occasionally, organises and provides holidays to the public or a section of it; and
“visit visa” means an entry clearance granted for the purpose of entry to the United Kingdom as a visitor under the immigration rules.
PART IIENTRY CLEARANCE AS LEAVE TO ENTER
Entry clearance as Leave to EnterI22
Subject to article 6(3), an entry clearance which complies with the requirements of article 3 shall have effect as leave to enter the United Kingdom to the extent specified in article 4, but subject to the conditions referred to in article 5.
RequirementsI33
F31
Subject to paragraph (4), an entry clearance shall only have effect as leave to enter if it complies with the requirements of this article.
2
The entry clearance must specify the purpose for which the holder wishes to enter the United Kingdom.
3
The entry clearance must be endorsed with:
a
the conditions to which it is subject; or
b
a statement that it is to have effect as indefinite leave to enter the United Kingdom.
F44
Subject to paragraph (5), an entry clearance shall not have effect as leave to enter if it is endorsed on a convention travel document.
5
An entry clearance endorsed on a convention travel document before 27th February 2004 shall have effect as leave to enter.
Extent to which Entry Clearance is to be Leave to EnterI4C1C3C5C64
1
A visit visa F6(other than a visit visa granted pursuant to the ADS Agreement with China F26, or a visit visa for private medical treatment or for entry as an academic visitor) unless endorsed with a statement that it is to have effect as a single-entry visaF27... shall have effect as leave to enter the United Kingdom on an unlimited number of occasions F28during its period of validity, in accordance with paragraph (2).
2
On each occasion the holder arrives in the United Kingdom, he shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom for a limited period beginning on the date of arrival, being:
a
six months if six months or more remain of the visa’s period of validity; or
b
the visa’s remaining period of validity, if less than six months.
F72A
A visit visa granted pursuant to the ADS Agreement with China endorsed with a statement that it is to have effect as a dual-entry visa, shall have effect as leave to enter the United Kingdom on two occasions during its period of validity, in accordance with paragraph (2B).
2B
On arrival in the United Kingdom C10or entry into a Control Zone C9or entry into a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system on each occasion, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival C10or entry into a Control ZoneC9or entry into the control zone or supplementary control zone, leave to enter the United Kingdom for a limited period, being the period beginning on the date on which the holder arrives in the United Kingdom C10or enters a Control ZoneC9or enters a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system and ending on the date of expiry of the entry clearance.
F292C
A visit visa granted for private medical treatment or for entry as an academic visitor, unless endorsed with a statement that it is to have effect as a single-entry visa, shall have effect as leave to enter the United Kingdom on an unlimited number of occasions during its period of validity in accordance with paragraph (2D).
2D
On arrival in the United Kingdom C10or entry into a Control ZoneC9or entry into a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system on each occasion, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival C10or entry into a Control ZoneC9or entry into the control zone or supplementary control zone, leave to enter the United Kingdom for a limited period beginning on the date of arrival C10or entry into the Control ZoneC9or entry into the control zone or supplementary control zone, being—
a
where the visit visa is granted for private medical treatment—
i
11 months if 11 months remain of the visa’s period of validity, or
ii
the visa’s remaining period of validity, if less than 11 months, and
b
where the visit visa is granted for entry as an academic visitor—
i
12 months if 12 months remain of the visa’s period of validity, or
ii
the visa’s remaining period of validity, if less than 12 months.
F532E
A Service Provider from Switzerland visa shall have effect as leave to enter the United Kingdom on an unlimited number of occasions during its period of validity, in accordance with paragraph (2F).
2F
On arrival in the United Kingdom on each occasion, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom for a limited period beginning on the date of arrival, being:
a
90 days if 90 days or more remain of the entry clearance’s period of validity; or
b
the entry clearance’s remaining period of validity, if less than 90 days.
3
In the case of F9any form of entry clearance to which this paragraph applies, it shall have effect as leave to enter the United Kingdom on one occasion during its period of validity; and, on arrival in the United Kingdom, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom:
a
in the case of an entry clearance which is endorsed with a statement that it is to have effect as indefinite leave to enter the United Kingdom, for an indefinite period; or
b
in the case of an entry clearance which is endorsed with conditions, for a limited period, being the period beginning on the date on which the holder arrives in the United Kingdom and ending on the date of expiry of the entry clearance.
F83A
Paragraph (3) applies to –
a
a visit visa (other than a visit visa granted pursuant to the ADS Agreement with China) endorsed with a statement that it is to have effect as a single entry visa;
b
a visit visa granted pursuant to the ADS Agreement with China unless endorsed with a statement to the effect that it is to have effect as a dual entry visa; and
c
any other form of entry clearance F21except those to which paragraph (3B) applies.
F223B
A short term biometric entry clearance shall have effect as leave to enter the United Kingdom on one occasion during its period of validity; and, on arrival in the United Kingdom, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom—
a
in the case of an entry clearance which is endorsed with an indefinite period of leave, for an indefinite period; or
b
in the case of an entry clearance which is endorsed with conditions, for a limited period, being the period beginning on the date on which the holder arrives in the United Kingdom and ending on the date of the expiry of the holder’s period of leave.
4
In this article “period of validity” means the period beginning on the day on which the entry clearance becomes effective and ending on the day on which it expires.
F235
In this article—
a
“period of leave” means the intended period of leave which—
i
in the case of an indefinite intended period of leave, is endorsed on the person’s short term biometric entry clearance; or
ii
in the case of a limited period of leave, is stated in the written decision which accompanies the person’s short term biometric entry clearance,
and such a period of leave will only have effect on the person’s arrival in the United Kingdom in accordance with paragraph (3B) and subject to the powers of variation, cancellation and refusal of leave under this Order, the Immigration Acts and the immigration rules; and
b
“short term biometric entry clearance” means an entry clearance document which—
i
is issued to a person who has made a successful application for a biometric immigration document from outside the United Kingdom, in order that the person may travel to the United Kingdom to obtain that biometric immigration document; and
ii
has a period of validity ending before the expiry of the period of leave that the holder’s biometric immigration document will evidence.
ConditionsI55
An entry clearance shall have effect as leave to enter subject to any conditions, being conditions of a kind that may be imposed on leave to enter given under section 3 of the Act, to which the entry clearance is subject and which are endorsed on it.
Incidental, supplementary and consequential provisionsI6C2C4C7C86
1
Where an immigration officer exercises his power to cancel leave to enter under paragraph 2A(8) of Schedule 2 to the Act5 or article 13(7) below in respect of an entry clearance which has effect as leave to enter, the entry clearance shall cease to have effect.
2
If the holder of an entry clearance—
a
arrives in the United Kingdom before the day on which it becomes effective; or
b
seeks to enter the United Kingdom for a purpose other than the purpose specified in the entry clearance,
an immigration officer may cancel the entry clearance.
3
If the holder of an entry clearance which does not, at the time, have effect as leave to enter the United Kingdom seeks leave to enter the United Kingdom at any time before his departure for, or in the course of his journey to, the United Kingdom and is refused leave to enter under article 7, the entry clearance shall not have effect as leave to enter.
PART IIIFORM AND MANNER OF GIVING AND REFUSING LEAVE TO ENTER
Grant and refusal of leave to enter before arrival in the United KingdomI77
1
An immigration officer, whether or not in the United Kingdom, may give or refuse a person leave to enter the United Kingdom at any time before his departure for, or in the course of his journey to, the United Kingdom.
2
In order to determine whether or not to give leave to enter under this article (and, if so, for what period and subject to what conditions), an immigration officer may seek such information, and the production of such documents or copy documents, as an immigration officer would be entitled to obtain in an examination under paragraph 2 or 2A of Schedule 2 to the Act.
3
An immigration officer may also require the person seeking leave to supply an up to date medical report.
4
Failure by a person seeking leave to supply any information, documents, copy documents or medical report requested by an immigration officer under this article shall be a ground, in itself, for refusal of leave.
F36Oral grant or refusal of leave8
1
A notice giving or refusing leave to enter the United Kingdom to a person to whom this article applies may, instead of being given in writing as required by section 4(1) of the Act, be given orally, including by means of a telephone.
2
This article applies to a person seeking leave to enter the United Kingdom as—
a
a visitor for a period not exceeding six months,
b
a short-term student for a period not exceeding six months, F55...
c
a parent of a Tier 4 (child) student for a period not exceeding six months F54, or
d
an S2 Healthcare Visitor for a period not exceeding six months,
under the immigration rules and subject to conditions prohibiting employment and recourse to public funds (within the meaning of the immigration rules as they apply to persons to whom this article applies).
F12Grant, refusal or variation of leave by notice in writing8ZA
1
A notice in writing—
a
giving leave to enter or remain in the United Kingdom;
b
refusing leave to enter or remain in the United Kingdom;
c
refusing to vary a person’s leave to enter or remain in the United Kingdom; or
d
varying a person’s leave to enter or remain in the United Kingdom,
may be given to the person affected as required by section 4(1) of the Act as follows.
2
The notice may be—
a
given by hand;
b
sent by fax;
c
sent by postal service to a postal address provided for correspondence by the person or the person’s representative;
d
sent electronically to an e-mail address provided for correspondence by the person or the person’s representative;
e
sent by document exchange to a document exchange number or address; or
f
sent by courier.
3
Where no postal or e-mail address for correspondence has been provided, the notice may be sent—
a
by postal service to—
i
the last-known or usual place of abode, place of study or place of business of the person; or
ii
the last-known or usual place of business of the person’s representative; or
b
electronically to—
i
the last-known e-mail address for the person (including at the person’s last-known place of study or place of business); or
ii
the last-known e-mail address of the person’s representative.
4
Where attempts to give notice in accordance with paragraphs (2) and (3) are not possible or have failed, when the decision-maker records the reasons for this and places the notice on file the notice shall be deemed to have been given.
5
Where a notice is deemed to have been given in accordance with paragraph (4) and then subsequently the person is located, the person shall as soon as is practicable be given a copy of the notice and details of when and how it was given.
6
A notice given under this article may, in the case of a person who is under 18 years of age and does not have a representative, be given to the parent, guardian or another adult who for the time being takes responsibility for the child.
Presumptions about receipt of notice8ZB
1
Where a notice is sent in accordance with article 8ZA, it shall be deemed to have been given to the person affected, unless the contrary is proved—
a
where the notice is sent by postal service—
i
on the second day after it was sent by postal service in which delivery or receipt is recorded if sent to a place within the United Kingdom;
ii
on the 28th day after it was posted if sent to a place outside the United Kingdom;
b
where the notice is sent by fax, e-mail, document exchange or courier, on the day it was sent.
2
For the purposes of paragraph (1)(a) the period is to be calculated excluding the day on which the notice is posted.
3
For the purposes of paragraph (1)(a)(i) the period is to be calculated excluding any day which is not a business day.
4
In paragraph (3) “business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 19716 in the part of the United Kingdom to which the notice is sent.
Notice not given8ZC
No notice under article 8(1) or 8ZA(1)(a) shall be given where a person is given leave to enter the United Kingdom by passing through an automated gate in accordance with article 8A F38or 8B.
F10Automatic grant of leave8A
1
An immigration officer may authorise a person to be a person who may obtain leave to enter the United Kingdom by passing through an automated gate.
2
Such an authorisation may—
a
only authorise a person to obtain leave to enter the United Kingdom as one of the categories of person under the immigration rules mentioned in paragraph (5);
b
set out the conditions of use for an automated gate;
c
list the automated gates for which the authorisation is valid;
d
remain in force for up to 24 months; and
e
be varied or withdrawn at any time, with or without notice being given to the person.
3
F30This paragraph applies to a person who passes through an automated gate—
a
having been authorised under paragraph (1) as a person who may obtain leave to enter the United Kingdom by passing through an automated gate;
b
in accordance with the conditions of use for an automated gate;
c
which is an automated gate for which the authorisation is valid; and
d
while the authorisation remains in force.
F31...
F323A
A person to whom paragraph (3) applies shall be given leave to enter the United Kingdom for—
a
six months in the case of a person falling within a category mentioned in paragraph (5)(a) or (c), or
b
48 hours in the case of a person falling within the category mentioned in paragraph (5)(b).
4
Such leave shall be subject to conditions prohibiting employment and recourse to public funds (within the meaning of the immigration rules F33as they apply to the category of person under the immigration rules for which the person has been authorised under paragraph (1)).
F345
The categories of person under the immigration rules mentioned in this paragraph are—
a
a visitor (standard);
b
a transit visitor;
c
a parent of a Tier 4 (child) student.
F37Further provision as to automatic grant of leave8B
1
A person to whom this article applies may obtain leave to enter the United Kingdom by passing through an automated gate.
F561A
The Schedule to this Order has effect.
2
This article applies to a person who–
a
is a national of F58a country listed in the Schedule;
b
is travelling on a passport issued by one of the countries listed in F59the Schedule;
c
is aged F6410 or above; and
d
is seeking to enter the United Kingdom as a visitor (standard) under Appendix V to the immigration rules F60or as an S2 Healthcare Visitor under Appendix S2 Healthcare Visitor of the immigration rules.
F572A
This article also applies to a person who—
a
is a national of Ireland;
b
is travelling on a passport issued by Ireland;
c
is aged 12 or above; and
d
is seeking to enter the United Kingdom as an S2 Healthcare Visitor under Appendix S2 Healthcare Visitor of the immigration rules.
3
Leave under paragraph (1) is given for a period of six months.
4
Such leave is subject to conditions prohibiting employment and recourse to public funds (within the meaning of the immigration rules).
F50Leave to be regarded as having been given before arrival8C
Leave to enter that is obtained by a person passing through an automated gate in accordance with article 8A or 8B shall be regarded, for the purposes of the Act, as having been given before that person’s arrival in the UK.
Grant or refusal of leave by notice to a responsible third partyI89
1
Leave to enter may be given or refused to a person by means of a notice given (in such form and manner as permitted by the Act or this Order for a notice giving or refusing leave to enter) to a responsible third party acting on his behalf.
2
A notice under paragraph (1) may refer to a person to whom leave is being granted or refused either by name or by reference to a description or category of persons which includes him.
Notice of refusal of leaveI910
1
Where a notice refusing leave to enter to a person is given under F15article 8(1) or 9, an immigration officer shall as soon as practicable give to him a notice in writing stating that he has been refused leave to enter the United Kingdom and stating the reasons for the refusal.
2
Where an immigration officer serves a notice under the Immigration (Appeals) Notices Regulations 19846 or under regulations made under paragraph 1 of Schedule 4 to the Immigration and Asylum Act 1999 in respect of the refusal, he shall not be required to serve a notice under paragraph (1).
3
Any notice required by paragraph (1) to be given to any person may be F16given in accordance with article 8ZA.
Burden of proof
I1011
Where any question arises under the Immigration Acts as to whether a person has leave to enter the United Kingdom and he alleges that he has such leave by virtue of a notice given under F17article 8(1) or 9, F11or by virtue of article 8A, the onus shall lie upon him to show the manner and date of his entry into the United Kingdom.
I1112
1
This article applies where—
a
an immigration officer has commenced examination of a person (`the applicant') under paragraph 2(1)(c) of Schedule 2 to the Act (examination to determine whether or not leave to enter should be given);
b
that examination has been adjourned, or the applicant has been required (under paragraph 2(3) of Schedule 2 to the Act) to submit to a further examination, whilst further inquiries are made (including, where the applicant has made an asylum claim, as to the Secretary of State’s decision on that claim); and
c
upon the completion of those inquiries, an immigration officer considers he is in a position to decide whether or not to give or refuse leave to enter without interviewing the applicant further.
2
Where this article applies, any notice giving or refusing leave to enter which is on any date thereafter sent by post to the applicant (or is communicated to him in such form or manner as is permitted by this Order) shall be regarded, for the purposes of the Act, as having been given within the period of 24 hours specified in paragraph 6(1) of Schedule 2 to the Act7 (period within which notice giving or refusing leave to enter must be given after completion of examiniation).
PART IVLEAVE WHICH DOES NOT LAPSE ON TRAVEL OUTSIDE COMMON TRAVEL AREA
I1413
1
In F35this Part “leave” means—
a
leave to enter the United Kingdom (including leave to enter conferred by means of an entry clearance under article 2); and
b
leave to remain in the United Kingdom.
2
Subject to paragraph (3), where a person has leave which is in force and which was:
a
conferred by means of an entry clearance (other than a visit visa F61or Service Provider from Switzerland visa) under article 2; or
b
given by an immigration officer or the Secretary of State for a period exceeding six months,
such leave shall not lapse on his going to a country or territory outside the common travel area.
3
Paragraph (2) shall not apply:
a
where a limited leave has been varied by the Secretary of State; and
b
following the variation the period of leave remaining is six months or less.
4
Leave which does not lapse under paragraph (2) shall remain in force either indefinitely (if it is unlimited) or until the date on which it would otherwise have expired (if limited), but—
F41za
where the holder has unlimited leave granted by virtue of Appendix EU to the immigration rules (including unlimited leave granted by virtue of Appendix EU before this paragraph comes into force), subject to article 13C, the unlimited leave lapses if the holder stays outside the United Kingdom and Islands for a continuous period of more than—
i
four years, in the case of unlimited leave granted by virtue of Appendix EU to the immigration rules as a Swiss national or a family member of a Swiss national;
ii
five years, in all other cases;
a
F24F42 in any other case and subject to articles 13A, 13B and 13C , where the holder has stayed outside the United Kingdom F43and Islands for a continuous period of more than two years, the leave (where the leave is unlimited) or any leave then remaining (where the leave is limited) shall thereupon lapse; and
b
any conditions to which the leave is subject shall be suspended for such time as the holder is outside the United KingdomF43and Islands.
5
For the purposes of paragraphs 2 and 2A of Schedule 2 to the Act (examination by immigration officers, and medical examination), leave to remain which remains in force under this article shall be treated, upon the holder’s arrival in the United Kingdom, as leave to enter which has been granted to the holder before his arrival.
6
Without prejudice to the provisions of section 4(1) of the Act, where the holder of leave which remains in force under this article is outside the United Kingdom, the Secretary of State may vary that leave (including any conditions to which it is subject) in such form and manner as permitted by the Act or this Order for the giving of leave to enter.
7
Where a person is outside the United Kingdom and has leave which is in force by virtue of this article, that leave may be cancelled:
a
in the case of leave to enter, by an immigration officer; or
b
in the case of leave to remain, by the Secretary of State.
8
In order to determine whether or not to vary (and, if so, in what manner) or cancel leave which remains in force under this article and which is held by a person who is outside the United Kingdom, an immigration officer or, as the case may be, the Secretary of State may seek such information, and the production of such documents or copy documents, as an immigration officer would be entitled to obtain in an examination under paragraph 2 or 2A of Schedule 2 to the Act and may also require the holder of the leave to supply an up to date medical report.
9
Failure to supply any information, documents, copy documents or medical report requested by an immigration officer or, as the case may be, the Secretary of State under this article shall be a ground, in itself, for cancellation of leave.
10
Section 3(4) of the Act (lapsing of leave upon travelling outside the common travel area) shall have effect subject to this article.
F18Partners and children of members of HM Forces13A
1
Any period of time spent by a person to whom this article applies accompanying their partner, or, as the case may be, parent, who is posted outside the United Kingdom F44and Islands as a member of Her Majesty’s Forces does not count towards the period mentioned in article 13(4)(a).
2
This article applies to a person who has leave—
a
as the partner or child of a member of HM Forces under Appendix Armed Forces to the immigration rules (“Appendix Armed Forces”);
b
as the spouse, civil partner, unmarried or same-sex partner, or child of a member of HM Forces under Part 7 of the immigration rules; or
c
as the spouse, civil partner, unmarried or same-sex partner, or child of a British citizen or person who is settled in the United Kingdom under Part 8 of the immigration rules where that British Citizen or, as the case may be, settled person, is a member of Her Majesty’s Forces.
3
In paragraph (1)—
a
the reference to a person’s “partner” means—
i
in relation to a person falling within paragraph (2)(a), the partner in respect of whom they have leave under Appendix Armed Forces and,
ii
in relation to a person falling within paragraph (2)(b) or (2)(c), the spouse, civil partner, unmarried or same sex partner in respect of whom they have leave under Part 7 or, as the case may be, Part 8, of the immigration rules; and
b
the reference to a person’s “parent” means the parent in respect of whom they have leave under Appendix Armed Forces, or, as the case may be, Part 7 or Part 8 of the immigration rules.
F454
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25Partners and children of F46... Crown servants etc13B
1
This article applies to a person who has—
a
limited leave—
i
as the partner or child of a British citizen or person who is settled in the United Kingdom under Appendix FM to the immigration rules (“Appendix FM”), or
ii
outside the provision of the immigration rules on the basis of family life under article 8 of the European Convention on Human Rights (“article 8”), or
b
indefinite leave F47, other than unlimited leave granted by virtue of Appendix EU to the immigration rules.
2
The period mentioned in article 13(4)(a) does not include any period during which the person is accompanying their partner or parent if—
a
the partner or parent is posted outside the United Kingdom F48and Islands in employment falling within paragraph (3); and
3
Employment falls within this paragraph if it is—
a
employment in the British Council as a permanent member of that Council; or
F49b
employment on Crown service.
4
In this article—
a
a person’s partner means—
i
in relation to a person to whom paragraph (1)(a) applies, the partner in respect of whom the person has limited leave under Appendix FM or outside the provision of the immigration rules on the basis of family life under article 8;
ii
in relation to a person to whom paragraph (1)(b) applies—
aa
the spouse or civil partner of that person,
bb
the fiancé(e) or proposed civil partner of that person, or
cc
someone who has been living together with that person in a relationship akin to a marriage or civil partnership for at least two years;
b
a person’s parent—
i
in relation to a person to whom paragraph (1)(a) applies, means the parent in respect of whom they have limited leave under Appendix FM or outside the provisions of the immigration rules on the basis of family life under article 8;
ii
in relation to a person to whom paragraph (1)(b) applies, is to be construed in accordance with paragraph 6 (interpretation) of the immigration rules.
F39Crown servants etc with leave granted by virtue of Appendix EU to the immigration rules13C
1
Any period of time spent outside the United Kingdom and Islands by a person to whom this article applies does not count towards the period mentioned in article 13(4)(za) or 13(4)(a).
2
This article applies to a person who has leave granted by virtue of Appendix EU to the immigration rules and who is—
a
a member of Her Majesty's Forces posted outside the United Kingdom and Islands;
b
a national of a member State, Iceland, Liechtenstein, Norway or Switzerland posted outside the United Kingdom and Islands in employment—
i
on Crown service, or
ii
in the British Council as a permanent member of that Council;
c
accompanying a person who is posted outside the United Kingdom and Islands—
i
in employment on Crown service,
ii
in employment in the British Council as a permanent member of that Council, or
iii
as a member of Her Majesty's Forces.
PART VCONSEQUENTIAL ANDTRANSITIONAL PROVISIONS
I1214
Section 9(2)8 of the Act (further provisions as to common travel area: conditions applicable to certain arrivals on a local journey) shall have effect as if, after the words “British Citizens”, there were inserted “and do not hold leave to enter or remain granted to them before their arrival”.
I13I1515
I131
Article 12 shall apply where an applicant’s examination has begin before the date that article comes into force, as well as where it begins on or after that date.
I152
Article 13 shall apply with respect to leave to enter or remain in the United Kingdom which is in force on the date that article comes into force, as well as to such leave given after that date.
F51SCHEDULECountries the nationals of which may obtain leave by passing through an automated gate
Sch. inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Immigration (Leave to Enter and Remain) (Amendment) (EU Exit) Order 2020 (S.I. 2020/1353), art. 2(8)
Australia
Austria
Belgium
Bulgaria
Canada
Croatia
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Iceland
Italy
Japan
Latvia
Liechtenstein
Lithuania
Luxembourg
Malta
Netherlands
New Zealand
Norway
Poland
Portugal
Romania
Singapore
Slovakia
Slovenia
South Korea
Spain
Sweden
Switzerland
United States of America.
(This note is not part of the Order)
Order extended (with modifications) (1.2.2004 as notified in the Gazettes) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), arts. 1(2), 11(1)(d), Sch. 2 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(d))