- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
There are currently no known outstanding effects for the The Immigration (Leave to Enter and Remain) Order 2000, Section 13.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
13.—(1) In [F1this Part] “leave” means—U.K.
(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 [F2or 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—
[F3(za)where the holder has F4... leave granted by virtue of Appendix EU to the immigration rules (including F5... leave granted by virtue of Appendix EU before this paragraph comes into force), subject to article 13C, the F6... 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 F7... 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)[F8[F9 in any other case and subject to articles 13A, 13B and 13C ],] where the holder has stayed outside the United Kingdom [F10and 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 Kingdom[F10and 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.
Textual Amendments
F1Words in art. 13(1) substituted (23.11.2016) by The Immigration (Leave to Enter and Remain) (Amendment) Order 2016 (S.I. 2016/1132), arts. 1(2), 2(5)(a)
F2Words in art. 13(2)(a) 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(7)
F3Art. 13(4)(za) inserted (30.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 (S.I. 2019/686), arts. 1(3), 8(3)(a)
F4Word in art. 13(4)(za) omitted (21.5.2024) by virtue of The Immigration (Leave to Enter and Remain) (Amendment) Order 2024 (S.I. 2024/663), arts. 1(2), 2(a)
F5Word in art. 13(4)(za) omitted (21.5.2024) by virtue of The Immigration (Leave to Enter and Remain) (Amendment) Order 2024 (S.I. 2024/663), arts. 1(2), 2(b)
F6Word in art. 13(4)(za) omitted (21.5.2024) by virtue of The Immigration (Leave to Enter and Remain) (Amendment) Order 2024 (S.I. 2024/663), arts. 1(2), 2(c)
F7Word in art. 13(4)(za)(i) omitted (21.5.2024) by virtue of The Immigration (Leave to Enter and Remain) (Amendment) Order 2024 (S.I. 2024/663), arts. 1(2), 2(d)
F8Words in art. 13(4)(a) inserted (18.3.2015) by The Immigration (Leave to Enter and Remain) (Amendment) Order 2015 (S.I. 2015/434), arts. 1(1), 2(4)(b)
F9Words in art. 13(4)(a) substituted (30.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 (S.I. 2019/686), arts. 1(3), 8(3)(b)
F10Words in art. 13(4) inserted (30.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 (S.I. 2019/686), arts. 1(3), 8(3)(c)
Commencement Information
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys