Immigration Act 1988

[F17 Persons exercising Community rights and nationals of member States.U.K.

(1)A person shall not under the principal Act require leave to enter or remain in the United Kingdom in any case in which he is entitled to do so by virtue of an enforceable [F2EU] right or of any provision made under section 2(2) of the M1European Communities Act 1972.

(2)The Secretary of State may by order made by statutory instrument give leave to enter the United Kingdom for a limited period to any class of persons who are nationals of member States but who are not entitled to enter the United Kingdom as mentioned in subsection (1) above; and any such order may give leave subject to such conditions as may be imposed by the order.

(3)References in the principal Act to limited leave shall include references to leave given by an order under subsection (2) above and a person having leave by virtue of such an order shall be treated as having been given that leave by a notice given to him by an immigration officer within the period specified in paragraph 6(1) of Schedule 2 to that Act.]

Textual Amendments

F1S. 7 omitted (31.12.2020) by virtue of Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c. 20), s. 9(1), Sch. 1 para. 1 (with ss. 4(2), 5(4)); S.I. 2020/1279, reg. 4(c) (with saving in S.I. 2020/1309, regs. 1(2), 83, Sch. 4 paras. 5-7 (as amended by S.I. 2023/12, reg. 5(2)(b)(c))

Modifications etc. (not altering text)

C1Ss. 2, 7, 8, 9 and 12 extended (Guernsey) (with modifications) (1.8.1993) by S.I. 1993/1796, art. 3(4), Sch. 1 Pt. 3 (as amended (coming into force in accordance with art. 1(1) of the amending S.I.) by S.I. 2020/1560, arts. 1(1), 7)

C2S. 7 extended (Jersey) (with modifications) (1.8.1993) to by S.I. 1993/1797, art. 3(4), Sch. 1 Pt. 3 (as amended (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2017/981, Sch. Pt. 1 para. 3 (with art. 6) and as amended (coming into force in accordance with art. 1 of the amending S.I.) by S.I. 2020/1566, arts. 1(1), 3)

Commencement Information

I1S. 7 wholly in force (20.7.1994); s. 7(2)-(3) in force at 10.7.1988 see s. 12(3); s. 7(1) not in force at Royal Assent see s. 12(4); s. 7(1) in force at 20.7.1994 by S.I. 1994/1923, art. 2

Marginal Citations