Article 3 Grant of leave to EEA and Swiss nationals

(1)

A person to whom this article applies has leave to enter the United Kingdom.

(2)

This article applies to a person who–

(a)

is an EEA national or a national of Switzerland;

(b)

requires leave to enter the United Kingdom or would require leave to enter if that person were not arriving on a local journey from within the common travel area;

(c)

is travelling on a valid national identity card or a valid passport issued by an EEA state or Switzerland;

(d)

does not otherwise have leave to enter the United Kingdom;

(e)

does not have an entry clearance complying with the requirements of article 3 of the Immigration (Leave to Enter and Remain) Order 2000 (requirements)^f1;

(f)

is not a person to whom article 4 of this Order applies;

(g)

either—

(i)

arrives at a port in the United Kingdom and presents the document mentioned in sub-paragraph (c) to an immigration officer or an automated gate;

(ii)

enters a control zone and presents the document mentioned in sub-paragraph (c) to an immigration officer or an automated gate;

(iii)

arrives in the United Kingdom on a local journey from the Republic of Ireland, or

(iv)

otherwise arrives in the United Kingdom and either presents the document mentioned in sub-paragraph (c) to an immigration officer or disembarks in accordance with arrangements approved by an immigration officer pursuant to paragraph 27(1)(a) of Schedule 2 to the 1971 Act^f2, and

(h)

does not apply for leave to enter the United Kingdom as a visitor or a short-term student within the meaning of the immigration rules^f3.

Annotations

Footnotes

f1: S.I. 2000/1161. Article 3 was amended by S.I. 2004/475.
f2: Paragraph 27 was amended by section 31(2) of the Immigration, Asylum and Nationality Act 2006 (c.13) and paragraph 1(2) of Schedule 5(1) to the Counter-Terrorism and Security Act 2015 (c. 6).
f3: Laid before Parliament on 23^rd May 1994 (HC 395), as amended.