Article 5 I1
United Kingdom
Subject to the provisions of this Article the following persons who are not F1British citizens shall, on arrival in the United Kingdom, be exempt from the provisions of section 3(1)(a) of the Act (which requires persons who are not patrial to obtain leave to enter the United Kingdom), that is to say—
any citizen of the United Kingdom and Colonies who holds a passport issued to him in the United Kingdom and Islands and expressed to be a British Visitor's Passport;
any Commonwealth citizen who is included in a passport issued in the United Kingdom by the Government of the United Kingdom or in one of the Islands by the Lieutenant-Governor thereof which is expressed to be a Collective Passport;
any Commonwealth citizen or citizen of the Republic of Ireland returning to the United Kingdom from an excursion to France or Belgium F2or the Netherlands who holds a valid document of identity issued in accordance with arrangements approved by the United Kingdom Government and in a form authorised by the Secretary of State and enabling him to travel on such an excursion without a passport;
any Commonwealth citizen who holds a British seaman's card or any citizen of the Republic of Ireland if (in either case) he was engaged as a member of the crew of a ship in a place within the common travel area and, on arrival in the United Kingdom, is, or is to be, discharged from his engagement;
any person who, having left the United Kingdom after having been given a limited leave to enter, returns to the United Kingdom within the period for which he had leave as a member of the crew of an aircraft under an engagement requiring him to leave on that or another aircraft as a member of its crew within a period exceeding seven days.
any person working on a foreign fishing boat authorised to fish in accordance with a sea fishing licence granted under section 17 of the Fisheries Act 2020 where that work is being undertaken pursuant to an international agreement or arrangement to which the United Kingdom is a party
Paragraph (1) shall not apply so as to confer any exemption on any person against whom there is a deportation order in force or who has previously entered the United Kingdom unlawfully and has not subsequently been given leave to enter or remain in the United Kingdom and sub-paragraphs (d) F4, (e) and (f) of that paragraph shall not apply to a person who is required by an immigration officer to submit to examination in accordance with Schedule 2 to the Act.
In this Article any reference to a Commonwealth citizen shall be construed as including a reference to a British protected person and in paragraph (1)(d) “British seaman's card” means a valid card issued under any regulations in force under section 70 of the Merchant Shipping Act 1970 or any card having effect by virtue of the said regulations as a card so issued and “holder of a British seaman's card” has the same meaning as in the said regulations.
In paragraph (1)(f), “foreign fishing boat” and “sea fishing licence” have the same meaning as in section 52 of the Fisheries Act 2020.
Annotations
Textual amendments
- F1
Words in art. 5(1) substituted (1.1.1983) by The Immigration (Exemption from Control) (Amendment) Order 1982 (S.I. 1982/1649), arts. 1, 2
- F2
Words in art. 5(1)(c) inserted (1.6.1975) by The Immigration (Exemption from Control) (Amendment) Order 1975 (S.I. 1975/617), arts. 1, 2
- F3
Art. 5(1)(f) inserted (12.4.2023) by The Immigration (Offshore Worker Notification and Exemption from Control (Amendment)) Regulations 2023 (S.I. 2023/346), regs. 1(1), 4(2)(a)
- F4
Words in art. 5(2) substituted (12.4.2023) by The Immigration (Offshore Worker Notification and Exemption from Control (Amendment)) Regulations 2023 (S.I. 2023/346), regs. 1(1), 4(2)(b)
- F5
Art. 5(4) inserted (12.4.2023) by The Immigration (Offshore Worker Notification and Exemption from Control (Amendment)) Regulations 2023 (S.I. 2023/346), regs. 1(1), 4(2)(c)
Commencement
- I1
Art. 5 in force at 1.1.1973, see art. 1