The Immigration (Leave to Enter and Remain) Order 2000

Made: 19th April 2000

Coming into force

Now, therefore, the Secretary of State, in exercise of the powers conferred upon him by sections 3A(1), (2), (3), (4), (6) and (10) and 3B(2)(a) and (c) and (3)(a) of the Immigration Act 1971, hereby makes the following Order:

PART I — GENERAL

Citation, commencement and interpretation

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• (1) This Order may be cited as the Immigration (Leave to Enter and Remain) Order 2000.

• (2) Articles 1 to 12, 14 and 15(1) of this Order shall come into force on 28th April 2000 or, if later, on the day after the day on which it is made and articles 13 and 15(2) shall come into force on 30th July 2000.

• (3) In this Order—

• “the Act” means the Immigration Act 1971;

• “ADS Agreement with China” means the Memorandum of Understanding on visa and related issues concerning tourist groups from the People’s Republic of China to the United Kingdom as an approved destination, signed on 21st January 2005;

• “biometric immigration document” means a document recording biometric information;

• “control port” means a port in which a control area is designated under paragraph 26(3) of Schedule 2 to the Act;

• “convention travel document” means a travel document issued pursuant to Article 28 of the Refugee Convention, except where that travel document was issued by the United Kingdom Government;

• “Crown service” means service of the Crown, whether within Her Majesty's dominions or elsewhere, under Her Majesty's government in the United Kingdom or in a Northern Ireland department or under the Scottish Administration or under the Welsh Government;

• “decision-maker” means—the Secretary of State;an immigration officer;

• "Her Majesty's Forces” has the same meaning as in the Armed Forces Act 2006;

• ...

• “Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol;

• “representative” means a person who appears to the decision-maker—to be the representative of the person referred to in article 8ZA(1); andnot to be prohibited from acting as a representative by section 84 of the Immigration and Asylum Act 1999;

• “responsible third party” means a person appearing to an immigration officer to be:in charge of a group of people arriving in the United Kingdom together or intending to arrive in the United Kingdom together;a tour operator;the owner or agent of a ship, aircraft, train, hydrofoil or hovercraft;the person responsible for the management of a control port or his agent; oran official at a British Diplomatic Mission or at a British Consular Post or at the office of any person outside the United Kingdom and Islands who has been authorised by the Secretary of State to accept applications for entry clearance;

• “Service Provider from Switzerland visa” means an entry clearance granted for the purpose of entry to the United Kingdom under the appendix to the immigration rules entitled “Appendix Service Providers from Switzerland”

• “tour operator” means a person who, otherwise than occasionally, organises and provides holidays to the public or a section of it; and

• “visit visa” means an entry clearance granted for the purpose of entry to the United Kingdom as a visitor under the immigration rules.

PART II — ENTRY CLEARANCE AS LEAVE TO ENTER

Entry clearance as Leave to Enter

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Subject to article 6(3), an entry clearance which complies with the requirements of article 3 shall have effect as leave to enter the United Kingdom to the extent specified in article 4, but subject to the conditions referred to in article 5.

Requirements

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• (1) Subject to paragraph (4), an entry clearance shall only have effect as leave to enter if it complies with the requirements of this article.

• (2) The entry clearance must specify the purpose for which the holder wishes to enter the United Kingdom.

• (3) The entry clearance must be endorsed with:

• (a) the conditions to which it is subject; or

• (b) a statement that it is to have effect as indefinite leave to enter the United Kingdom.

• (4) Subject to paragraph (5), an entry clearance shall not have effect as leave to enter if it is endorsed on a convention travel document.

• (5) An entry clearance endorsed on a convention travel document before 27th February 2004 shall have effect as leave to enter.

Extent to which Entry Clearance is to be Leave to Enter

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• (1) A visit visa (other than a visit visa granted pursuant to the ADS Agreement with China , or a visit visa for private medical treatment or for entry as an academic visitor) unless endorsed with a statement that it is to have effect as a single-entry visa... shall have effect as leave to enter the United Kingdom on an unlimited number of occasions during its period of validity, in accordance with paragraph (2).

• (2) On each occasion the holder arrives in the United Kingdom, he shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom for a limited period beginning on the date of arrival, being:

• (a) six months if six months or more remain of the visa’s period of validity; or

• (b) the visa’s remaining period of validity, if less than six months.

• (2A) A visit visa granted pursuant to the ADS Agreement with China endorsed with a statement that it is to have effect as a dual-entry visa, shall have effect as leave to enter the United Kingdom on two occasions during its period of validity, in accordance with paragraph (2B).

• (2B) On arrival in the United Kingdom or entry into a Control Zone or entry into a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system on each occasion, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival or entry into a Control Zone or entry into the control zone or supplementary control zone, leave to enter the United Kingdom for a limited period, being the period beginning on the date on which the holder arrives in the United Kingdom or enters a Control Zone or enters a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system and ending on the date of expiry of the entry clearance.

• (2C) A visit visa granted for private medical treatment or for entry as an academic visitor, unless endorsed with a statement that it is to have effect as a single-entry visa, shall have effect as leave to enter the United Kingdom on an unlimited number of occasions during its period of validity in accordance with paragraph (2D).

• (2D) On arrival in the United Kingdom or entry into a Control Zone or entry into a control zone in France or Belgium, or a supplementary control zone in France, seeking to arrive in the United Kingdom through the tunnel system on each occasion, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival or entry into a Control Zone or entry into the control zone or supplementary control zone, leave to enter the United Kingdom for a limited period beginning on the date of arrival or entry into the Control Zone or entry into the control zone or supplementary control zone, being—

• (a) where the visit visa is granted for private medical treatment—

• (i) 11 months if 11 months remain of the visa’s period of validity, or

• (ii) the visa’s remaining period of validity, if less than 11 months, and

• (b) where the visit visa is granted for entry as an academic visitor—

• (i) 12 months if 12 months remain of the visa’s period of validity, or

• (ii) the visa’s remaining period of validity, if less than 12 months.

• (2E) A Service Provider from Switzerland visa shall have effect as leave to enter the United Kingdom on an unlimited number of occasions during its period of validity, in accordance with paragraph (2F).

• (2F) On arrival in the United Kingdom on each occasion, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom for a limited period beginning on the date of arrival, being:

• (a) 90 days if 90 days or more remain of the entry clearance’s period of validity; or

• (b) the entry clearance’s remaining period of validity, if less than 90 days.

• (3) In the case of any form of entry clearance to which this paragraph applies, it shall have effect as leave to enter the United Kingdom on one occasion during its period of validity; and, on arrival in the United Kingdom, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom:

• (a) in the case of an entry clearance which is endorsed with a statement that it is to have effect as indefinite leave to enter the United Kingdom, for an indefinite period; or

• (b) in the case of an entry clearance which is endorsed with conditions, for a limited period, being the period beginning on the date on which the holder arrives in the United Kingdom and ending on the date of expiry of the entry clearance.

• (3A) Paragraph (3) applies to –

• (a) a visit visa (other than a visit visa granted pursuant to the ADS Agreement with China) endorsed with a statement that it is to have effect as a single entry visa;

• (b) a visit visa granted pursuant to the ADS Agreement with China unless endorsed with a statement to the effect that it is to have effect as a dual entry visa; and

• (c) any other form of entry clearance except those to which paragraph (3B) applies.

• (3B) A short term biometric entry clearance shall have effect as leave to enter the United Kingdom on one occasion during its period of validity; and, on arrival in the United Kingdom, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom—

• (a) in the case of an entry clearance which is endorsed with an indefinite period of leave, for an indefinite period; or

• (b) in the case of an entry clearance which is endorsed with conditions, for a limited period, being the period beginning on the date on which the holder arrives in the United Kingdom and ending on the date of the expiry of the holder’s period of leave.

• (4) In this article “period of validity” means the period beginning on the day on which the entry clearance becomes effective and ending on the day on which it expires.

• (5) In this article—

• (a) “period of leave” means the intended period of leave which—

• (i) in the case of an indefinite intended period of leave, is endorsed on the person’s short term biometric entry clearance; or

• (ii) in the case of a limited period of leave, is stated in the written decision which accompanies the person’s short term biometric entry clearance,

and such a period of leave will only have effect on the person’s arrival in the United Kingdom in accordance with paragraph (3B) and subject to the powers of variation, cancellation and refusal of leave under this Order, the Immigration Acts and the immigration rules; and

• (b) “short term biometric entry clearance” means an entry clearance document which—

• (i) is issued to a person who has made a successful application for a biometric immigration document from outside the United Kingdom, in order that the person may travel to the United Kingdom to obtain that biometric immigration document; and

• (ii) has a period of validity ending before the expiry of the period of leave that the holder’s biometric immigration document will evidence.

Conditions

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An entry clearance shall have effect as leave to enter subject to any conditions, being conditions of a kind that may be imposed on leave to enter given under section 3 of the Act, to which the entry clearance is subject and which are endorsed on it.

Incidental, supplementary and consequential provisions

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• (1) Where an immigration officer exercises his power to cancel leave to enter under paragraph 2A(8) of Schedule 2 to the Act[^f00005] or article 13(7) below in respect of an entry clearance which has effect as leave to enter, the entry clearance shall cease to have effect.

• (2) If the holder of an entry clearance—

• (a) arrives in the United Kingdom before the day on which it becomes effective; or

• (b) seeks to enter the United Kingdom for a purpose other than the purpose specified in the entry clearance,

an immigration officer may cancel the entry clearance.

• (3) If the holder of an entry clearance which does not, at the time, have effect as leave to enter the United Kingdom seeks leave to enter the United Kingdom at any time before his departure for, or in the course of his journey to, the United Kingdom and is refused leave to enter under article 7, the entry clearance shall not have effect as leave to enter.

PART III — FORM AND MANNER OF GIVING AND REFUSING LEAVE TO ENTER

Grant and refusal of leave to enter before arrival in the United Kingdom

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• (1) An immigration officer, whether or not in the United Kingdom, may give or refuse a person leave to enter the United Kingdom at any time before his departure for, or in the course of his journey to, the United Kingdom.

• (2) In order to determine whether or not to give leave to enter under this article (and, if so, for what period and subject to what conditions), an immigration officer may seek such information, and the production of such documents or copy documents, as an immigration officer would be entitled to obtain in an examination under paragraph 2 or 2A of Schedule 2 to the Act.

• (3) An immigration officer may also require the person seeking leave to supply an up to date medical report.

• (4) Failure by a person seeking leave to supply any information, documents, copy documents or medical report requested by an immigration officer under this article shall be a ground, in itself, for refusal of leave.

Grant or refusal of leave otherwise than by notice in writing

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• (1) A notice giving or refusing leave to enter the United Kingdom to a person to whom this article applies may, instead of being given in writing as required by section 4(1) of the Act, be given orally, including by means of a telephone.

• (2) This article applies to a person seeking leave to enter the United Kingdom as—

• (a) a visitor for a period not exceeding six months,

• (b) a short-term student for a period not exceeding six months, ...

• (c) a parent of a Tier 4 (child) student for a period not exceeding six months , or

• (d) an S2 Healthcare Visitor for a period not exceeding six months,

under the immigration rules and subject to conditions prohibiting employment and recourse to public funds (within the meaning of the immigration rules as they apply to persons to whom this article applies).

Grant or refusal of leave by notice to a responsible third party

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• (1) Leave to enter may be given or refused to a person by means of a notice given (in such form and manner as permitted by the Act or this Order for a notice giving or refusing leave to enter) to a responsible third party acting on his behalf.

• (2) A notice under paragraph (1) may refer to a person to whom leave is being granted or refused either by name or by reference to a description or category of persons which includes him.

Notice of refusal of leave

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• (1) Where a notice refusing leave to enter to a person is given under article 8(1) or 9, an immigration officer shall as soon as practicable give to him a notice in writing stating that he has been refused leave to enter the United Kingdom and stating the reasons for the refusal.

• (2) Where an immigration officer serves a notice under the Immigration (Appeals) Notices Regulations 1984[^f00006] or under regulations made under paragraph 1 of Schedule 4 to the Immigration and Asylum Act 1999 in respect of the refusal, he shall not be required to serve a notice under paragraph (1).

• (3) Any notice required by paragraph (1) to be given to any person may be given in accordance with article 8ZA.

Burden of proof

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Where any question arises under the Immigration Acts as to whether a person has leave to enter the United Kingdom and he alleges that he has such leave by virtue of a notice given under article 8(1) or 9, or by virtue of article 8A, the onus shall lie upon him to show the manner and date of his entry into the United Kingdom.

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• (1) This article applies where—

• (a) an immigration officer has commenced examination of a person (`the applicant') under paragraph 2(1)(c) of Schedule 2 to the Act (examination to determine whether or not leave to enter should be given);

• (b) that examination has been adjourned, or the applicant has been required (under paragraph 2(3) of Schedule 2 to the Act) to submit to a further examination, whilst further inquiries are made (including, where the applicant has made an asylum claim, as to the Secretary of State’s decision on that claim); and

• (c) upon the completion of those inquiries, an immigration officer considers he is in a position to decide whether or not to give or refuse leave to enter without interviewing the applicant further.

• (2) Where this article applies, any notice giving or refusing leave to enter which is on any date thereafter sent by post to the applicant (or is communicated to him in such form or manner as is permitted by this Order) shall be regarded, for the purposes of the Act, as having been given within the period of 24 hours specified in paragraph 6(1) of Schedule 2 to the Act[^f00007] (period within which notice giving or refusing leave to enter must be given after completion of examiniation).

PART IV — LEAVE WHICH DOES NOT LAPSE ON TRAVEL OUTSIDE COMMON TRAVEL AREA

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• (1) In this Part “leave” means—

• (a) leave to enter the United Kingdom (including leave to enter conferred by means of an entry clearance under article 2); and

• (b) leave to remain in the United Kingdom.

• (2) Subject to paragraph (3), where a person has leave which is in force and which was:

• (a) conferred by means of an entry clearance (other than a visit visa or Service Provider from Switzerland visa) under article 2; or