The Immigration (Control of Entry through Republic of Ireland) Order 1972

Made: 23rd October 1972

Laid before Parliament: 2nd November 1972

Coming into Operation: 1st January 1973

In exercise of the powers conferred upon me by section 9(2) and (6) of the Immigration Act 1971, I hereby make the following Order:—

1

This Order may be cited as the Immigration (Control of Entry through Republic of Ireland) Order 1972 and shall come into operation on 1st January 1973.

2

• (1) In this Order—

• “the Act” means the Immigration Act 1971; and

• ...

• ...

• “exempt work activity” means an activity listed in Appendix Visitor: Permitted Activities to the immigration rules, except those listed in paragraphs PA 1, PA 2, and PA 16.1 to 18;

• “occupation or employment” includes, in particular, the following activities in the United Kingdom (whether paid or unpaid)—undertaking employment;doing any work for an organisation or business;establishing or running a business as a self-employed person;undertaking a work placement or internship;undertaking any direct selling to the public;fulfilling a contract to provide goods or services;

• “permitted paid engagement” means an engagement listed in paragraph V13.3. of Appendix V:Visitor to the immigration rules ;

• “permitted payment” means a payment of a type listed in paragraph V4.6.(a) to (f) of Appendix V:Visitor to the immigration rules, save that the words in paragraph V4.6.(f) “where the requirements of V13.1. to V13.3. are met” do not apply to payments permitted by this Order;.

• “visa national” means a person who, in accordance with the immigration rules, is required on entry into the United Kingdom to produce a passport or other document of identity endorsed with a United Kingdom visa and includes a stateless person.

• (2) In this Order any reference to an Article shall be construed as a reference to an Article of this Order and any reference in an Article to a paragraph as a reference to a paragraph of that Article.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

• (1) This Article applies to—

• (a) any person (other than a citizen of the Republic of Ireland) who arrives in the United Kingdom on an aircraft which began its flight in that Republic if he entered that Republic in the course of a journey to the United Kingdom which began outside the common travel area and was not given leave to land in that Republic in accordance with the law in force there;

• (b) any person (other than an Irish citizen or a person to whom sub-paragraph (a) of this paragraph applies) who arrives in the United Kingdom on a local journey from the Republic of Ireland if he satisfies any of the following conditions, that is to say:—

• (i) he is a visa national who has no valid visa for his entry into the United Kingdom , save for a visa national to whom article 3A applies;

• (ii) he entered that Republic unlawfully from a place outside the common travel area;

• (iii) he is a person who—

• (aa) requires leave to enter or remain in the United Kingdom,

• (bb) left the United Kingdom at a time where he required such leave but did not have it, and

• (cc) has not subsequently been granted admission to, or leave to enter or remain in, the United Kingdom or any of the Islands;

• (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (v) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (vi) he is a person who is an excluded person for the purposes of section 8B of the Act (persons excluded under international obligations).

• (vii) he is a person who has at any time been refused admission to the United Kingdom under regulation 23(1), (3) or (4) of the Immigration (European Economic Area) Regulations 2016, and has not since then been granted admission to, or leave to enter or remain in, the United Kingdom;

• (viii) he is a person in respect of whom the Secretary of State has made a removal decision under regulation 23(6)(a) or (c) of the Immigration (European Economic Area Regulations) 2016, and has not since then been granted admission to or leave to enter or remain in, the United Kingdom;

• (ix) he is a person who has at any time been refused admission to the United Kingdom under regulation 12(1)(a) or (c) of the Citizens' Rights (Frontier Worker) (EU Exit) Regulations 2020 , and has not since then been granted admission to, or leave to enter or remain in, the United Kingdom;

• (x) he is a person in respect of whom the Secretary of State has made a removal decision under regulation 15(1)(a) or (c) of the Citizens' Rights (Frontier Worker) (EU Exit) Regulations 2020.

• (2) In relation only to persons to whom this Article applies, the Republic of Ireland shall be excluded from section 1(3) of the Act (provisions relating to person travelling on local journeys in the common travel area).

4

• (1) Subject to paragraphs (2), (2A) and (2B) and (2C) and (2D), this Article applies to any person who does not have the right of abode in the United Kingdom under section 2 of the Act and is not an Irish citizen, ... and who enters the United Kingdom on a local journey from the Republic of Ireland after having entered that Republic—

• (a) on coming from a place outside the common travel area; or

• (b) after leaving the United Kingdom whilst having a limited leave to enter or remain there which has since expired.

• (2) This Article shall not apply to any person who arrives in the United Kingdom with leave to enter or remain in the United Kingdom which is in force but which was given to him before his arrival or who requires leave to enter the United Kingdom by virtue of Article 3 or section 9(4) of the Act.

• (2A) This Article does not apply to any person who has leave or may be granted leave to enter or remain in the United Kingdom by virtue of Appendix EU to the immigration rules.

• (2B) This Article does not apply to a person who is a frontier worker under regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020.

• (2C) This Article does not apply to any person to whom Article 5 applies, or applied at the time the person entered the United Kingdom.

• (2D) This Article does not apply to any person to whom Article 6 applies.

• (3) A person to whom this Article applies by virtue only of paragraph (1)(a) shall, unless he is a visa national without a valid visa for entry to the United Kingdom, who is also a visa national to whom article 3A applies, be subject to the restriction and to the condition set out in paragraph (4).

• (4) The restriction and the condition referred to in paragraph (3) are—

• (a) the period for which he may remain in the United Kingdom shall not be more than six months from the date on which he entered the United Kingdom; and

• (b) he must not engage in any occupation or employment except an exempt work activity, for which he may receive a permitted payment.

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6A) In relation to a person who is a visa national without a valid visa for entry to the United Kingdom and who is also a visa national to whom article 3A applies, the restriction and condition in paragraph (6B) apply instead of the provisions contained in paragraph (4).

• (6B) The restriction and condition referred to in paragraph (6A) are—

• (a) the period for which the visa national may remain in the United Kingdom ends on the date of the expiry of the permission to land or to be in the Republic of Ireland mentioned in article 3A(d);

• (b) the person must not engage in any occupation or employment except an exempt work activity, for which the person may receive a permitted payment.

• (7) The preceding provisions of this Article shall have effect in relation to a person to whom this Article applies by virtue of sub-paragraph (b) of paragraph (1) (whether or not he is also a person to whom this Article applies by virtue of sub-paragraph (a) thereof) as they have effect in relation to a person to whom this Article applies by virtue only of the said sub-paragraph (a), but as if for the reference in paragraph (4) to six months ... there were substituted a reference to two months.

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8A) The restriction and condition mentioned in paragraphs (4) and (6B) shall cease to apply to a person if that person has leave or may be granted leave to enter or remain in the United Kingdom for the reason specified in paragraph (2A).

Signed

Robert Carr — One of Her Majesty's Principal Secretaries of State — Home Office — 23rd October 1972

Explanatory note

EXPLANATORY NOTE

This Order excludes from the operation of section 1(3) of the Immigration Act 1971 (which exempts from control passengers travelling on local journeys within the common travel area, that is to say the area comprising the United Kingdom, Channel Islands, Isle of Man and Republic of Ireland) certain persons who enter the United Kingdom through the Republic of Ireland, (Article 3). The main classes of persons are those who merely passed through the Republic of Ireland, persons requiring visas, persons who entered the Republic of Ireland unlawfully and persons who are subject to directions given by the Secretary of State for their exclusion from the United Kingdom on the ground that such exclusion is conducive to the public good.

The Order also imposes restrictions on persons who are not patrial (other than those excluded from the operation of section 1(3)) and who enter the United Kingdom from the Republic after coming from a place outside the common travel area or after leaving the United Kingdom while having a limited leave to enter or remain there which has since expired (Article 4). These restrictions impose a limit on the period of their stay in the United Kingdom; except in relation to nationals of states who are members of the European Economic Community, a prohibition on taking up employment or any occupation for reward; and, in the case of certain person over 16 years who require a visa to enter the United Kingdom, a requirement to register with the police.

Editorial notes

[^key-ba43043248b2e7b12b8472af91d66245]: Art. 1 in force at 1.1.1973, see art. 1

[^key-42d153f5a5b3c2b91c419b6515bc1064]: Art. 4 in force at 1.1.1973, see art. 1

[^key-f93b6ebf12c6f569a25bdae51df7dbf6]: Art. 2 in force at 1.1.1973, see art. 1

[^key-ce6e3ac708d22f28f37075815d79d50b]: Art. 3 in force at 1.1.1973, see art. 1

[^key-4869b542631b04884d61aa94594938e0]: Words in art. 4(1) substituted (1.1.1983) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 1982 (S.I. 1982/1028), arts. 1, 2

[^key-95f7e520767aa76cb497dc53bd1460b2]: Words in art. 4(2) inserted (30.7.2000) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2000 (S.I. 2000/1776), arts. 1, 2

[^key-31666d83d0ab083ebe15591b4263a6db]: Art. 3A inserted (12.10.2014) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(5)

[^key-10479b9a1b7244a3733810892bfba171]: Art. 2(3) omitted (12.10.2014) by virtue of The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(3)

[^key-c9f31aa135096a8b62164421c4016dcf]: Words in art. 3(1)(b)(i) inserted (12.10.2014) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(4)(a)

[^key-2b0acf216a7ce10b94eb0fc98a7458d3]: Art. 4(6A)(6B) inserted (12.10.2014) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(10)

[^key-5e023ee88a8ad5d192ccdbb10ce8f809]: Words in art. 4(3) substituted (12.10.2014) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(7)

[^key-2bfed9a5661d743c705f8bd0f12696fa]: Art. 4(5)(6) omitted (12.10.2014) by virtue of The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(11)

[^key-11e41bdaa9ab9e7f1023873ab873a5fa]: Word in art. 4(7) substituted (12.10.2014) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(12)(a)

[^key-f43aea301a50f9c7e274b625500d2e51]: Words in art. 4(7) substituted (12.10.2014) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(12)(b)

[^key-e00fa5760bd497cdcb8e4a73473175c6]: Words in art. 4(7) omitted (12.10.2014) by virtue of The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(12)(c)

[^key-6215026559aa9440c6db29f5083e4a9d]: Arts. 5, 6 inserted (31.12.2020 immediately before IP completion day) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(b), 6(5)

[^key-81cecae934b08b5a636f37a25412ba0d]: Words in art. 2 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 25(2)(a)

[^key-19b05a7aa31dc98b16f2cad33c24e369]: Words in art. 2 omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 25(2)(b)

[^key-a5f0d4db4a08aedc52d828a6c2ca2228]: Words in art. 2(1) inserted (31.12.2020) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2), 6(2)