Article 4 I1
United Kingdom
Subject to F1paragraphs (2), (2A) and (2B) F2and (2C) and (2D), this Article applies to F3any person who does not have the right of abode in the United Kingdom under section 2 of the Act and is not F4an Irish citizen, F5... and who enters the United Kingdom on a local journey from the Republic of Ireland after having entered that Republic—
on coming from a place outside the common travel area; or
after leaving the United Kingdom whilst having a limited leave to enter or remain there which has since expired.
This Article shall not apply to any person F6who arrives in the United Kingdom with leave to enter or remain in the United Kingdom which is in force but which was given to him before his arrival or who requires leave to enter the United Kingdom by virtue of Article 3 or section 9(4) of the Act.
This Article does not apply to any person who has leave or may be granted leave to enter or remain in the United Kingdom by virtue of Appendix EU to the immigration rules.
This Article does not apply to a person who is a frontier worker under regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020.
This Article does not apply to any person to whom Article 5 applies, or applied at the time the person entered the United Kingdom.
This Article does not apply to any person to whom Article 6 applies.
A person to whom this Article applies by virtue only of paragraph (1)(a) shall, unless he is a visa national F10without a valid visa for entry to the United Kingdom, who is also a visa national to whom article 3A applies, be subject to the restriction and to the condition set out in paragraph (4).
The restriction and the condition referred to in paragraph (3) are—
the period for which he may remain in the United Kingdom shall not be more than F11six months from the date on which he entered the United Kingdom; and
he must not engage in any occupation or employment except an exempt work activity, for which he may receive a permitted payment.
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In relation to a person who is a visa national without a valid visa for entry to the United Kingdom and who is also a visa national to whom article 3A applies, the restriction and condition in paragraph (6B) apply instead of the provisions contained in paragraph (4).
The restriction and condition referred to in paragraph (6A) are—
the period for which the visa national may remain in the United Kingdom ends on the date of the expiry of the permission to land or to be in the Republic of Ireland mentioned in article 3A(d);
the person must not engage in any occupation or employment except an exempt work activity, for which the person may receive a permitted payment.
The preceding provisions of this Article shall have effect in relation to a person to whom this Article applies by virtue of sub-paragraph (b) of paragraph (1) (whether or not he is also a person to whom this Article applies by virtue of sub-paragraph (a) thereof) as they have effect in relation to a person to whom this Article applies by virtue only of the said sub-paragraph (a), but as if for the F17reference in F18paragraph (4) to F19six months F20... there were substituted a reference to F21two months.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The restriction and condition mentioned in paragraphs (4) and (6B) shall cease to apply to a person if that person has leave or may be granted leave to enter or remain in the United Kingdom for the reason specified in paragraph (2A).
Annotations
Textual amendments
- F1
Words in art. 4(1) substituted (31.12.2020) by The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 28(2)(a)
- F2
Words in art. 4(1) inserted (31.12.2020) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2), 6(4)(a)
- F3
Words in art. 4(1) substituted (1.1.1983) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 1982 (S.I. 1982/1028), arts. 1, 2
- F4
Words in art. 4(1) substituted (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(4)(a)(i)
- F5
Words in art. 4(1) 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(4)(a)(ii)
- F6
Words in art. 4(2) inserted (30.7.2000) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2000 (S.I. 2000/1776), arts. 1, 2
- F7
Art. 4(2A) inserted (31.12.2020) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(3), 2(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F8
Art. 4(2B) inserted (31.12.2020) by The Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020 (S.I. 2020/1213), regs. 1(2)(3), 28(2)(b)
- F9
Art. 4(2C)(2D) inserted (31.12.2020) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2), 6(4)(b)
- F10
Words in art. 4(3) substituted (12.10.2014) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(7)
- F11
Word in art. 4(4)(a) substituted (31.12.2020) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2), 6(4)(c)(i)
- F12
Art. 4(4)(b) substituted (31.12.2020) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2), 6(4)(c)(ii)
- F13
Art. 4(4)(c) omitted (31.12.2020) by virtue of The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2), 6(4)(c)(iii)
- F14
Art. 4(5)(6) omitted (12.10.2014) by virtue of The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(11)
- F15
Art. 4(6A)(6B) inserted (12.10.2014) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(10)
- F16
Art. 4(6B)(b) substituted (31.12.2020) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2), 6(4)(d)
- F17
Word in art. 4(7) substituted (12.10.2014) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(12)(a)
- F18
Words in art. 4(7) substituted (12.10.2014) by The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(12)(b)
- F19
Word in art. 4(7) substituted (31.12.2020) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2), 6(4)(e)(i)
- F20
Words in art. 4(7) omitted (12.10.2014) by virtue of The Immigration (Control of Entry through Republic of Ireland) (Amendment) Order 2014 (S.I. 2014/2475), arts. 1, 3(12)(c)
- F21
Words in art. 4(7) substituted (31.12.2020) by The Immigration (Citizens' Rights etc.) (EU Exit) Regulations 2020 (S.I. 2020/1372), regs. 1(2), 6(4)(e)(ii)
- F22
Art. 4(8) 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(4)(b)
- F23
Art. 4(8A) inserted (31.12.2020) by The Immigration (European Economic Area Nationals) (EU Exit) Regulations 2019 (S.I. 2019/468), regs. 1(3), 2(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
Commencement
- I1
Art. 4 in force at 1.1.1973, see art. 1