The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2021

Made: 20th May 2021

Laid before Parliament: 25th May 2021

Coming into force: 16th June 2021

The Secretary of State makes the following Order in exercise of the powers conferred by sections 9(6) and 32(1) of the Immigration Act 1971[^f00001].

Citation, commencement and extent

1

This Order—

• (a) may be cited as the Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2021;

• (b) comes into force on 16th June 2021;

• (c) extends to England and Wales, Scotland and Northern Ireland.

Amendment to the 1972 Order

2

In article 3(1)(b) of the Immigration (Control of Entry through Republic of Ireland) Order 1972[^f00002], for paragraph (iii) substitute—

(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;

Signed

Kevin Foster — Parliamentary Under Secretary of State — Home Office — 20th May 2021

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Immigration (Control of Entry through Republic of Ireland) Order 1972 (S.I. 1972/1610) (“the 1972 Order”) in respect of persons who require leave to enter or remain in the United Kingdom, have left the United Kingdom in circumstances where they did not have such leave and who have not subsequently been granted admission to, or leave to enter or remain in, the United Kingdom or any of the Islands (“the Islands” is defined in section 33(1) of the Immigration Act 1971 (c. 77) to mean the Channel Islands and the Isle of Man).

Article 2 of this instrument amends article 3 of the 1972 Order so that, in respect of travel to the United Kingdom from the Republic of Ireland, such persons are not entitled to benefit from the common travel area principles set out in section 1(3) of the Immigration Act 1971.

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

Footnotes

[^f00001]: 1971 c. 77.

[^f00002]: S.I. 1972/1610, amended by S.I. 1979/730, 1980/1859, 1982/1028, 1985/1854, 1987/2092, 2000/1776, 2014/2475, 2019/468, 2020/1213, 2020/1309.