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The Immigration (Leave to Enter and Remain) (Amendment) Order 2010

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Immigration (Leave to Enter and Remain) Order 2000 (the “2000 Order”).

Article 4 inserts a new article 8A into the 2000 Order. This enables an immigration officer to authorise a person in advance to enter the United Kingdom through an automated gate. Such authorisation will relate to a particular category of person under the immigration rules, as set out in article 8A. Where such a person passes through an automated gate in accordance with the authorisation, the person will automatically be given leave to enter for six months (subject to the conditions set out in article 8A). Where such leave is given, no notice of the leave is given to the person and the 2000 Order is amended in article 3 to reflect this.

Article 5 amends article 11 to provide that where any question arises under the Immigration Acts as to whether a person has leave to enter the United Kingdom and the person alleges that the person has such leave by virtue of passing through an automated gate under article 8A, the onus shall be on the person to show the manner and date of entry into the United Kingdom.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

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