Immigration Act 1971

11 Construction of references to entry, and other phrases relating to travel. U.K.

(1) A person arriving in the United Kingdom by ship or aircraft shall for purposes of this Act be deemed not to enter the United Kingdom unless and until he disembarks, and on disembarkation at a port shall further be deemed not to enter the United Kingdom so long as he remains in such area (if any) at the port as may be approved for this purpose by an immigration officer; and a person who has not otherwise entered the United Kingdom shall be deemed not to do so as long as he is detainedF1 ... under the powers conferred by Schedule 2 to this Act [F2 or section 62 of the Nationality, Immigration and Asylum Act 2002] [F3 or on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016] .

[F4 (1ZA) See also section 11A (additional means by which persons arriving in United Kingdom waters for work can enter the UK).]

F5 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this Act “disembark” means disembark from a ship or aircraft, and “embark” means embark in a ship or aircraft; and, except in subsection (1) above,—

(a) references to disembarking in the United Kingdom do not apply to disembarking after a local journey from a place in the United Kingdom or elsewhere in the common travel area; and

(b) references to embarking in the United Kingdom do not apply to embarking for a local journey to a place in the United Kingdom or elsewhere in the common travel area.

(3) Except in so far as the context otherwise requires, references in this Act to arriving in the United Kingdom by ship shall extend to arrival by any floating structure, and “disembark” shall be construed accordingly; but the provisions of this Act specially relating to members of the crew of a ship shall not by virtue of this provision apply in relation to any floating structure not being a ship.

(4) For purposes of this Act “common travel area” has the meaning given by section 1(3), and a journey is, in relation to the common travel area, a local journey if but only if it begins and ends in the common travel area and is not made by a ship or aircraft which—

(a) in the case of a journey to a place in the United Kingdom, began its voyage from, or has during its voyage called at, a place not in the common travel area; or

(b) in the case of a journey from a place in the United Kingdom, is due to end its voyage in, or call in the course of its voyage at, a place not in the common travel area.

(5) A person who enters the United Kingdom lawfully by virtue of section 8(1) above, and seeks to remain beyond the time limited by section 8(1), shall be treated for purposes of this Act as seeking to enter the United Kingdom.

Textual Amendments

F1 Words in s. 11(1) omitted (15.1.2018) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 15(a); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F2 Words in s. 11(1) inserted (10.2.2003) by 2002 c. 41, s. 62(8) (with s. 159); S.I. 2003/1, art. 2, Sch.

F3 Words in s. 11(1) substituted (15.1.2018) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 10 para. 15(c); S.I. 2017/1241, reg. 2(c) (with Sch.) (as amended by S.I. 2018/31, reg. 2)

F4 S. 11(1ZA) inserted (12.4.2023) by Nationality and Borders Act 2022 (c. 36), s. 87(1), Sch. 6 para. 3; S.I. 2023/283, reg. 3(b)

F5 S. 11(1A) repealed (2.8.1993) by S.I. 1993/1813, arts. 9, 1, Sch. 6 Pt. I

Modifications etc. (not altering text)

C1 Ss. 1-9, 11 extended (with modifications) (Guernsey) (1.8.1993) by The Immigration (Guernsey) Order 1993 (S.I. 1993/1796), arts. 1, 3(1), Sch. 1 Pt. 1

Ss. 1-9, 11 extended (with modifications) (Jersey) (1.8.1993) by The Immigration (Jersey) Order 1993 (S.I. 1993/1797), arts. 1, 3(1), Sch. 1 Pt. 1 (as amended (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2); and (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2017/981, Sch. Pt. 1 para. 1 (with art. 6))

S. 11 modified (2.8.1993) by S.I. 1993/1813, arts. 1, 7(1), Sch. 4 para. 1(5)

C2 S. 11 applied (22.9.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 2(14), 48

C3 S. 11 applied by The Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003), reg. 2(3) (as inserted (1.6.2009) by The Immigration (European Economic Area) (Amendment) Regulations 2009 (S.I. 2009/1117), reg. 2, Sch. 1 para. 1(b))

C4 S. 11 applied (1.2.2017 for specified purposes) by The Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052), regs. 1(2)(b), 2(2)

C5 S. 11 modified (30.9.2020 immediately after the entry into force of S.I. 2020/915, art. 5) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6

C6 S. 11 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)

C7 S. 11(1) applied (7.11.2002 with effect as noted in s. 11(4) of the amending act) by 2002 c. 41, s. 11(3) (with s. 159)

C8 S. 11(1) applied by British Nationality Act 1981 (c. 61), s. 50A(6) (as inserted (13.1.2010) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 48(1), 58(2); S.I. 2009/2731, art. 4(g))