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Immigration Act 1971, Cross Heading: Seamen and aircrews is up to date with all changes known to be in force on or before 12 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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12(1)If, on a person’s examination by an immigration officer under paragraph 2 above, the immigration officer is satisfied that he has come to the United Kingdom for the purpose of joining a ship or aircraft as a member of the crew, then the immigration officer may limit the duration of any leave he gives that person to enter the United Kingdom by requiring him to leave the United Kingdom in a ship or aircraft specified or indicated by the notice giving leave.U.K.
(2)Where a person (not being [F1a British citizen]) arrives in the United Kingdom for the purpose of joining a ship or aircraft as a member of the crew and, having been given leave to enter as mentioned in sub-paragraph (1) above, remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so, an immigration officer may—
(a)give the captain of that ship or aircraft directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or
(b)give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or
(c)give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—
(i)a country of which he is a national or citizen; or
(ii)a country or territory in which he has obtained a passport or other document of identity; or
(iii)a country or territory in which he embarked for the United Kingdom; or
(iv)a country or territory where he was engaged as a member of the crew of the ship or aircraft which he arrived in the United Kingdom to join; or
(v)a country or territory to which there is reason to believe that he will be admitted.
Textual Amendments
F1Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)
Modifications etc. (not altering text)
C1Sch. 2 para. 12 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)
13(1)Where a person being a member of the crew of a ship or aircraft is examined by an immigration officer under paragraph 2 above, the immigration officer may limit the duration of any leave he gives that person to enter the United Kingdom—U.K.
(a)in the manner authorised by paragraph 12(1) above; or
(b)if that person is to be allowed to enter the United Kingdom in order to receive hospital treatment, by requiring him, on completion of that treatment, to leave the United Kingdom in accordance with arrangements to be made for his repatriation; or
(c)by requiring him to leave the United Kingdom within a specified period in accordance with arrangements to be made for his repatriation.
(2)Where a person (not being [F2a British citizen]) arrives in the United Kingdom as a member of the crew of a ship or aircraft, and either—
(A)having lawfully entered the United Kingdom without leave by virtue of section 8(1) of this Act, he remains without leave beyond the time allowed by section 8(1), or is reasonably suspected by an immigration officer of intending to do so; or
(B)having been given leave limited as mentioned in subparagraph (1) above, he remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so;
an immigration officer may—
(a)give the captain of the ship or aircraft in which he arrived directions requiring the captain to remove him from the United Kingdom in that ship or aircraft; or
(b)give the owners or agents of that ship or aircraft directions requiring them to remove him from the United Kingdom in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or
(c)give those owners or agents directions requiring them to make arrangements for his removal from the United Kingdom in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either—
(i)a country of which he is a national or citizen; or
(ii)a country or territory in which he has obtained a passport or other document of identity; or
(iii)a country in which he embarked for the United Kingdom; or
(iv)a country or territory in which he was engaged as a member of the crew of the ship or aircraft in which he arrived in the United Kingdom; or
(v)a country or territory to which there is reason to believe that he will be admitted.
Textual Amendments
F2Words substituted by British Nationality Act 1981 (c. 61), s. 52(7), Sch. 4 para. 2 (with Sch. 8 para. 8)
Modifications etc. (not altering text)
C2Sch. 2 para. 13 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)
14(1)Where it appears to the Secretary of State that directions might be given in respect of a person under paragraph 12 or 13 above, but that it is not practicable for them to be given or that, if given, they would be ineffective, then the Secretary of State may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 12(2)(c) or 13(2)(c).U.K.
(2)Where the Secretary of State may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Secretary of State to any country or territory to which he could be removed under sub-paragraph (1).
(3)The costs of complying with any directions given under this paragraph shall be defrayed by the Secretary of State.
Modifications etc. (not altering text)
C3Sch. 2 para. 14 extended (14.12.2001) by 2001 c. 24, ss. 22(2)(h)(3), 127(2)
15U.K.A person in respect of whom directions are given under any of paragraphs 12 to 14 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.
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