Article 3 I1

United Kingdom

(1)

This Article applies to—

(a)

any person (other than a citizen of the Republic of Ireland) who arrives in the United Kingdom on an aircraft which began its flight in that Republic if he entered that Republic in the course of a journey to the United Kingdom which began outside the common travel area and was not given leave to land in that Republic in accordance with the law in force there;

(b)

any person (other than F1an Irish citizen or a person to whom sub-paragraph (a) of this paragraph applies) who arrives in the United Kingdom on a local journey from the Republic of Ireland if he satisfies any of the following conditions, that is to say:—

(i)

he is a visa national who has no valid visa for his entry into the United Kingdom F2, save for a visa national to whom article 3A applies;

(ii)

he entered that Republic unlawfully from a place outside the common travel area;

F3(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;

F4(iv)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(v)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(vi)

he is a person who is an excluded person for the purposes of section 8B of the Act (persons excluded under international obligations).

F7(vii)

he is a person who has at any time been refused admission to the United Kingdom under regulation 23(1), (3) or (4) of the Immigration (European Economic Area) Regulations 2016, and has not since then been granted admission to, or leave to enter or remain in, the United Kingdom;

(viii)

he is a person in respect of whom the Secretary of State has made a removal decision under regulation 23(6)(a) or (c) of the Immigration (European Economic Area Regulations) 2016, and has not since then been granted admission to or leave to enter or remain in, the United Kingdom;

F8(ix)

he is a person who has at any time been refused admission to the United Kingdom under regulation 12(1)(a) or (c) of the Citizens' Rights (Frontier Worker) (EU Exit) Regulations 2020 , and has not since then been granted admission to, or leave to enter or remain in, the United Kingdom;

(x)

he is a person in respect of whom the Secretary of State has made a removal decision under regulation 15(1)(a) or (c) of the Citizens' Rights (Frontier Worker) (EU Exit) Regulations 2020.

(2)

In relation only to persons to whom this Article applies, the Republic of Ireland shall be excluded from section 1(3) of the Act (provisions relating to person travelling on local journeys in the common travel area).

Annotations

Textual amendments

F1: Words in art. 3(1)(b) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 25(3)(a)
F2: Words in art. 3(1)(b)(i) inserted (12.10.2014) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(4)(a)
F3: Art. 3(1)(b)(iii) substituted (16.6.2021) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2021 (S.I. 2021/600), arts. 1(b), 2
F4: Art. 3(1)(b)(iv) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 25(3)(c)
F5: Art. 3(1)(b)(v) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), 25(3)(d) (with reg. 25(5))
F6: Art. 3(1)(b)(vi) inserted (31.12.2020) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(3), 2(3); 2020 c. 1, Sch. 5 para. 1(1)
F7: Art. 3(1)(b)(vii)(viii) inserted (31.12.2020) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2), 6(3)
F8: Art. 3(1)(b)(ix)(x) inserted (31.12.2020 immediately after IP completion day) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2)(a)(3)(c), 6(3)

Commencement

I1: Art. 3 in force at 1.1.1973, see art. 1