PART 2Exempt Persons
Persons exempt from immigration control
3.—(1) A person (“P”) is exempt from immigration control if P—
(a)has the right of abode in the United Kingdom under section 2(1)(b) of the 1971 Act (Commonwealth citizens with a right of abode)(),
(b)is exempt from the provisions of the 1971 Act by virtue of section 8(3) or (4) of that Act() (exceptions for seamen, aircrews and other special cases),
(c)subject to paragraph (2), is exempt from the provisions of the 1971 Act by virtue of the Immigration (Exemption from Control) Order 1972() (“the 1972 Order”), or
(d)is exempt from the provisions of the 1971 Act by virtue of section 20 of the State Immunity Act 1978() (heads of State).
(2) Sub-paragraph (c) of paragraph (1) does not apply to a person who is exempt from the provisions of the 1971 Act solely by virtue of article 5 of the 1972 Order.
Relevant visa
4.—(1) Subject to paragraph (2), the kinds of visa or other authorisation specified for the purpose of section 49(4) of the 2014 Act are—
(a)entry clearance or leave to enter as a visitor under the immigration rules for the purpose of marriage or civil partnership,
(b)entry clearance, leave to enter or leave to remain as a fiancé(e) or proposed civil partner under Appendix FM to the immigration rules,
(c)entry clearance, leave to enter or leave to remain as a fiancé(e) or proposed civil partner under Appendix Armed Forces to the immigration rules,
(d)entry clearance, leave to enter or leave to remain as a fiancé(e) or proposed civil partner given outside the provisions of the immigration rules.
(2) A visa or other authorisation mentioned in paragraph (1) (“a relevant visa”) is specified for the purpose of section 49(4) only if the relevant visa was given to a party in respect of a proposed marriage to, or (as the case may be) a proposed registration of a civil partnership with, the other party (whether or not the other party is named in the relevant visa).
(3) In this regulation—
“entry clearance” has the same meaning as in section 33 of the 1971 Act() (interpretation);
“immigration rules” means the rules laid down under section 3(2) of the 1971 Act (general provisions for regulation and control);
“leave to enter” or “leave to remain” means leave to enter, or remain in, the United Kingdom given in accordance with section 3 of the 1971 Act().