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The Immigration (Leave to Enter and Remain) (Amendment) (EU Exit) Order 2020

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2020, ISBN 9780348214000

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 3A(13) of the Immigration Act 1971, for approval by resolution of each House of Parliament.

Exiting The European Union

Immigration

Made 2020

Coming into force in accordance with article 1

The Secretary of State makes the following Order in exercise of the powers conferred by section 3A(1), (2), (3), (6), (7) and (10) of the Immigration Act 1971f1.

Annotations to the whole text

Footnotes

f1

1971 c. 77. Section 3A was inserted by section 1 of the Immigration and Asylum Act 1999 (c. 33).

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Immigration (Leave to Enter and Remain) Order 2000
  3. Signature
  4. Explanatory note

1Citation and commencement

(1)

This Order may be cited as the Immigration (Leave to Enter and Remain) (Amendment) (EU Exit) Order 2020.

(2)

This Order comes into force at the time and on the date that the Immigration (European Economic Area) Regulations 2016f1 are revoked.

2Amendment of the Immigration (Leave to Enter and Remain) Order 2000

(1)

The Immigration (Leave to Enter and Remain) Order 2000f1 is amended as follows.

(2)

In article 1 (citation, commencement and interpretation), in paragraph (3), after the definition of “responsible third party”, insert—

  • ““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”f2”;.

(3)

In article 4 (extent to which Entry Clearance is to be Leave to Enter), after paragraph (2D), insert—

“(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.”.

(4)

In article 8 (oral grant or refusal of leave), in paragraph (2)—

(a)

in sub-paragraph (b), at the end, omit “or”;

(b)

in sub-paragraph (c), at the end, insert—

“, or

(d)

an S2 Healthcare Visitorf3 for a period not exceeding six months,”.

(5)

In article 8B (further provision as to automatic grant of leave)—

(a)

after paragraph (1), insert—

“(1A)

The Schedule to this Order has effect.”;

(b)

in paragraph (2)—

(i)

in sub-paragraph (a), for the words “Australia” to “America” insert “a country listed in the Schedule”;

(ii)

in sub-paragraph (b), for “sub-paragraph (a)” substitute “the Schedule”;

(iii)

in sub-paragraph (d), at the end, insert “or as an S2 Healthcare Visitor under Appendix S2 Healthcare Visitor of the immigration rules.”;

(c)

after paragraph (2), insert—

“(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.”.

(6)

After article 8B, insert—

“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.”

(7)

In article 13 (leave which does not lapse on travel outside common travel area), in sub-paragraph (2)(a), after “visa” insert “or Service Provider from Switzerland visa”.

(8)

At the end, insert—

“SCHEDULE

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

Article 8B(1A)

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.”.

Signature

Name

Minister of State

Home Office

Date

Explanatory note

(This note is not part of the Order)

This Order amends the Immigration (Leave to Enter and Remain) Order 2000 (S.I. 2000/1161) by expanding the ability to obtain leave to enter by passing through an automated gate to EEA and Swiss nationals. It also expands the circumstances in which leave to enter may be given orally to include those who seek to enter as an S2 Healthcare Visitor, and provides for visas issued to Service Providers from Switzerland to have effect as leave to enter on multiple occasions during their periods of validity.

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