The Immigration (Leave to Enter and Remain) Order 2000

• (3) For the purposes of paragraph (1)(a)(i) the period is to be calculated excluding any day which is not a business day.

• (4) In paragraph (3) “business day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971³ in the part of the United Kingdom to which the notice is sent.

Notice not given

8ZC

No notice under article 8(1) or 8ZA(1)(a) shall be given where a person is given leave to enter the United Kingdom by passing through an automated gate in accordance with article 8A or 8B.

Automatic grant of leave

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

Notice of refusal of leave

Burden of proof

Partners and children of members of HM Forces

13A

• (1) Any period of time spent by a person to whom this article applies accompanying their partner, or, as the case may be, parent, who is posted outside the United Kingdom and Islands as a member of Her Majesty’s Forces does not count towards the period mentioned in article 13(4)(a).

• (2) This article applies to a person who has leave—

• (a) as the partner or child of a member of HM Forces under Appendix Armed Forces to the immigration rules (“Appendix Armed Forces”);

• (b) as the spouse, civil partner, unmarried or same-sex partner, or child of a member of HM Forces under Part 7 of the immigration rules; or

• (c) as the spouse, civil partner, unmarried or same-sex partner, or child of a British citizen or person who is settled in the United Kingdom under Part 8 of the immigration rules where that British Citizen or, as the case may be, settled person, is a member of Her Majesty’s Forces.

• (3) In paragraph (1)—

• (a) the reference to a person’s “partner” means—

• (i) in relation to a person falling within paragraph (2)(a), the partner in respect of whom they have leave under Appendix Armed Forces and,

• (ii) in relation to a person falling within paragraph (2)(b) or (2)(c), the spouse, civil partner, unmarried or same sex partner in respect of whom they have leave under Part 7 or, as the case may be, Part 8, of the immigration rules; and

• (b) the reference to a person’s “parent” means the parent in respect of whom they have leave under Appendix Armed Forces, or, as the case may be, Part 7 or Part 8 of the immigration rules.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Partners and children of certain Crown servants etc

13B

• (1) This article applies to a person who has—

• (a) limited leave—

• (i) as the partner or child of a British citizen or person who is settled in the United Kingdom under Appendix FM to the immigration rules (“Appendix FM”), or

• (ii) outside the provision of the immigration rules on the basis of family life under article 8 of the European Convention on Human Rights (“article 8”), or

• (b) indefinite leave , other than unlimited leave granted by virtue of Appendix EU to the immigration rules.

• (2) The period mentioned in article 13(4)(a) does not include any period during which the person is accompanying their partner or parent if—

• (a) the partner or parent is posted outside the United Kingdom and Islands in employment falling within paragraph (3); and

• (b) the partner or parent—

• (i) is a British citizen, or

• (ii) has indefinite leave. ...

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Employment falls within this paragraph if it is—

• (a) employment in the British Council as a permanent member of that Council; or

• (b) employment on Crown service.

• (4) In this article—

• (a) a person’s partner means—

• (i) in relation to a person to whom paragraph (1)(a) applies, the partner in respect of whom the person has limited leave under Appendix FM or outside the provision of the immigration rules on the basis of family life under article 8;

• (ii) in relation to a person to whom paragraph (1)(b) applies—

• (aa) the spouse or civil partner of that person,

• (bb) the fiancé(e) or proposed civil partner of that person, or

• (cc) someone who has been living together with that person in a relationship akin to a marriage or civil partnership for at least two years;

• (b) a person’s parent—

• (i) in relation to a person to whom paragraph (1)(a) applies, means the parent in respect of whom they have limited leave under Appendix FM or outside the provisions of the immigration rules on the basis of family life under article 8;

• (ii) in relation to a person to whom paragraph (1)(b) applies, is to be construed in accordance with paragraph 6 (interpretation) of the immigration rules.

Further provision as to automatic grant of leave

8B

• (1) A person to whom this article applies may obtain leave to enter the United Kingdom by passing through an automated gate.

• (1A) The Schedule to this Order has effect.

• (2) This article applies to a person who–

• (a) is a national of a country listed in the Schedule;

• (b) is travelling on a passport issued by one of the countries listed in the Schedule;

• (c) is aged 10 or above; and

• (d) is seeking to enter the United Kingdom as a visitor (standard) under Appendix V to the immigration rules or as an S2 Healthcare Visitor under Appendix S2 Healthcare Visitor of the immigration rules.

• (2A) This article also applies to a person who—

• (a) is a national of Ireland;

• (b) is travelling on a passport issued by Ireland;

• (c) is aged 12 or above; and

• (d) is seeking to enter the United Kingdom as an S2 Healthcare Visitor under Appendix S2 Healthcare Visitor of the immigration rules.

• (3) Leave under paragraph (1) is given for a period of six months.

• (4) Such leave is subject to conditions prohibiting employment and recourse to public funds (within the meaning of the immigration rules).

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

Notice of refusal of leave

Burden of proof

Partners and children of ... Crown servants etc

Crown servants etc with leave granted by virtue of Appendix EU to the immigration rules

13C

• (1) Any period of time spent outside the United Kingdom and Islands by a person to whom this article applies does not count towards the period mentioned in article 13(4)(za) or 13(4)(a).

• (2) This article applies to a person who has leave granted by virtue of Appendix EU to the immigration rules and who is—

• (a) a member of Her Majesty's Forces posted outside the United Kingdom and Islands;

• (b) a national of a member State, Iceland, Liechtenstein, Norway or Switzerland posted outside the United Kingdom and Islands in employment—

• (i) on Crown service, or

• (ii) in the British Council as a permanent member of that Council;

• (c) accompanying a person who is posted outside the United Kingdom and Islands—

• (i) in employment on Crown service,

• (ii) in employment in the British Council as a permanent member of that Council, or

• (iii) as a member of Her Majesty's Forces.

Leave to be regarded as having been given before arrival

8C

Leave to enter that is obtained by a person passing through an automated gate in accordance with article 8A or 8B shall be regarded, for the purposes of the Act, as having been given before that person’s arrival in the UK.

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

Notice of refusal of leave

Burden of proof

SCHEDULE — Countries the nationals of which may obtain leave by passing through an automated gate

• Australia

• Austria

• Belgium

• Bulgaria

• Canada

• Croatia

• Cyprus

• Czech Republic

• Denmark

• Estonia

• Finland

• France

• Germany

• Greece

• Hungary

• Iceland

• Italy

• Japan

• Latvia

• Liechtenstein

• Lithuania

• Luxembourg

• Malta

• Netherlands

• New Zealand

• Norway

• Poland

• Portugal

• Romania

• Singapore

• Slovakia

• Slovenia

• South Korea

• Spain

• Sweden

• Switzerland

• United States of America.