Leave to enter is the permission given by British immigration officers for entry to the United Kingdom and the Crown Dependencies. [1]
Under the Immigration Rules (a key piece of immigration legislation in the UK), anyone who is does not have right of abode requires leave to enter. Generally, only British citizens (though not all British nationals) and some Commonwealth citizens have right of abode. [2] Under the Common Travel Area provisions, Irish citizens do not require leave to enter or remain, unless they have been excluded from this right by the UK Government. Leave to enter is required at any point of entry, including through the Channel Tunnel and the land border with Ireland. [1]
A person who has been granted leave to enter does not necessarily have the automatic right to enter Britain. The ultimate decision of entry is made by an immigration officer at the port of entry under paragraph 2A of Schedule 2 to the Immigration Act 1971. [1]
Non-visa nationals may seek leave to enter on arrival in the UK if they are visiting the UK for a period not exceeding six months. Visa nationals –and non-visa nationals who wish to enter other than to visit, or to visit for more than six months –must have entry clearance in advance of departing the UK, or they will not be granted leave to enter on arrival. [1]
Leave to enter grants a person subject to immigration control permission to enter Britain for a limited period only, and may be subject to a number of conditions:
The time limit of any leave to enter depends upon individual circumstances and is provided to the applicant in person. [1]
The Immigration Act 1971 was extended to Jersey, Guernsey and the Isle of Man. Each territory has their own Immigration Rules that mirror those made by the UK Government, and therefore leave to enter the United Kingdom or one of the territories is also leave to enter any of them, regardless of where they are granted. Where required, entry clearance must be obtained from the UK Government in order to travel to any of the three territories. [3] [4] [5]
The Common Travel Area is an open border agreement between the United Kingdom, the Republic of Ireland, the Isle of Man and the Channel Islands. Leave to enter is not required to enter the UK or the other British islands within the area from Ireland, except for those only in transit through Ireland or who require a visa to enter to the UK. Leave to enter is also required for those in Ireland unlawfully or who are excluded from the UK by direction of the UK Government.
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On their discretion, the Secretary of State has the power to grant leave outside the Immigration Rules (LOTR) from the residual discretion under the Immigration Act 1971.
LOTR on compelling compassionate grounds may be granted where the decision maker decides that the specific circumstances of the case includes exceptional circumstances. These circumstances will mean that a refusal would result in unjustifiably harsh consequences for the applicant or their family, but which do not render refusal a breach of ECHR Article 8, Article 3, refugee convention or other obligations. [6] [lower-alpha 1]
A passport is an official travel document issued by a government that certifies a person's identity and nationality for international travel. A passport allows its bearer to enter and temporarily reside in a foreign country, access local aid and protection, and obtain consular assistance from their government. In addition to facilitating travel, passports are a key mechanism for border security and regulating migration; they may also serve as official identification for various domestic purposes.
The term "British subject" has several different meanings depending on the time period. Before 1949, it referred to almost all subjects of the British Empire. Between 1949 and 1983, the term was synonymous with Commonwealth citizen. Currently, it refers to people possessing a class of British nationality largely granted under limited circumstances to those connected with Ireland or British India born before 1949. Individuals with this nationality are British nationals and Commonwealth citizens, but not British citizens.
A visa is a conditional authorization granted by a polity to a foreigner that allows them to enter, remain within, or leave its territory. Visas typically include limits on the duration of the foreigner's stay, areas within the country they may enter, the dates they may enter, the number of permitted visits, or if the individual can work in the country in question. Visas are associated with the request for permission to enter a territory and thus are, in most countries, distinct from actual formal permission for an alien to enter and remain in the country. In each instance, a visa is subject to entry permission by an immigration official at the time of actual entry and can be revoked at any time. Visa evidence most commonly takes the form of a sticker endorsed in the applicant's passport or other travel document but may also exist electronically. Some countries no longer issue physical visa evidence, instead recording details only in immigration databases.
Indefinite leave to remain (ILR) is an immigration status granted to a person who does not hold the right of abode in the United Kingdom (UK), but who has been admitted to the UK without any time limit on their stay and who is free to take up employment, engage in business, self-employment, or study. When indefinite leave is granted to persons outside the United Kingdom it is known as indefinite leave to enter (ILE).
British National (Overseas), abbreviated BN(O), is a class of British nationality associated with the former colony of Hong Kong. The status was acquired through voluntary registration by individuals with a connection to the territory who had been British Dependent Territories citizens (BDTCs) before the handover to China in 1997. Registration for BN(O) status was limited to the 10-year period preceding the transfer as a transitional arrangement for former BDTCs; current residents cannot newly acquire this nationality.
The Common Travel Area is an open borders area comprising the United Kingdom, Ireland, the Isle of Man and the Channel Islands. The British Overseas Territories are not included. Governed by non-binding agreements, the CTA maintains minimal border controls, allowing easy passage for British and Irish citizens with limited identity documentation, albeit with some exceptions. Sustaining the CTA requires cooperation between British and Irish immigration authorities.
A British Overseas citizen (BOC) is a holder of a residual class of British nationality, largely held by people connected with former British colonies who do not have close ties to the United Kingdom or its overseas territories. Individuals with this form of nationality are British nationals and Commonwealth citizens, but not British citizens. BOCs are subject to immigration control when entering the United Kingdom and do not have the automatic right of abode there or in any British overseas territory.
The right of abode is an individual's freedom from immigration control in a particular country. A person who has the right of abode in a country does not need permission from the government to enter the country and can live and work there without restriction, and is immune from removal and deportation.
This article concerns the history of British nationality law.
A UK Ancestry visa is a visa issued by the United Kingdom to Commonwealth citizens with a grandparent born in the United Kingdom, Channel Islands, Isle of Man or Ireland who wish to work in the United Kingdom. It is used mainly by young Canadians, Australians, New Zealanders and South Africans of British descent coming to the UK to work and as a base to explore Europe.
A British Overseas Territories citizen (BOTC), formerly called British Dependent Territories citizen (BDTC), is a member of a class of British nationality granted to people connected with one or more of the populated British Overseas Territories, other than the Falkland Islands or Gibraltar.
The right of abode (ROA) is an immigration status in the United Kingdom that gives a person the unrestricted right to enter and live in the UK. It was introduced by the Immigration Act 1971 which went into effect on 1 January 1973. This status is held by British citizens, certain British subjects, as well as certain Commonwealth citizens with specific connections to the UK before 1983. Since 1983, it is not possible for a person to acquire this status without being a British citizen.
A European Economic Area Family Permit was an immigration document that assisted the holder to enter the United Kingdom as a family member of a citizen of a contracting state to the European Economic Area agreement or a Swiss citizen. They were issued by the UK immigration authorities under the Immigration Regulations 2006 (UK).
The primary law governing nationality in the United Kingdom is the British Nationality Act 1981, which came into force on 1 January 1983. Regulations apply to the British Islands, which include the UK itself and the Crown dependencies ; and the 14 British Overseas Territories.
The visa policy of Hong Kong deals with the requirements in which a foreign national wishing to enter Hong Kong through one of the 15 immigration control points must meet to obtain an entry permit or Visa, which depending on the traveller's nationality, may be required to travel to, enter, and remain in the Hong Kong Special Administrative Region. Visitors from over 145 countries are permitted without Visa entry for periods ranging from 7 to 180 days, to the Hong Kong Special Administrative Region for tourism or certain business-related activities. All visitors must hold a passport valid for more than 1 month.
The British National (Overseas) passport, commonly referred to as the BN(O) passport, is a British passport for people with British National (Overseas) status. BN(O) status was created in 1987 after the enactment of Hong Kong Act 1985, whose holders are permanent residents of Hong Kong who were British Overseas Territories citizens until 30 June 1997 and had registered as BN(O)s.
The visa policy of the United Kingdom is the policy by which His Majesty's Government determines visa requirements for visitors to the United Kingdom and those seeking to work, study or reside there. The visa policy of the UK also applies to the Crown dependencies of Guernsey, Jersey and the Isle of Man, which each operate their own immigration enforcement and have separate work permit systems. The visa policy does not apply to any of the British Overseas Territories, who generally apply their own visa policies.
British passports previously issued by the Department of Immigration of the Government of the British Overseas Territory of Bermuda on behalf of His Majesty's Passport Office of the Government of the United Kingdom, differed from those issued in the United Kingdom and elsewhere in having "Government of Bermuda" added to the outside of the front cover, and the request from His Britannic Majesty's Secretary of State in the Name of His Majesty The King, which is printed on the inside of the cover of passports issued by the UK Government, replaced with the same request from the Governor of Bermuda as the competent authority in this behalf, in the Name of His Majesty The King.
The British Overseas Territories maintain their own entry requirements different from the visa policy of the United Kingdom. As a general rule, British citizens do not have automatic right of abode in these territories.
The United Kingdom Electronic Travel Authorisation (ETA) is an advance travel permission required from foreign nationals who intend to visit or transit the United Kingdom without a visa.