The Immigration (Leave to Enter and Remain) (Amendment) Order 2024

Draft Order laid before Parliament under section 3A(13) and section 3B(6) of the Immigration Act 1971 (c. 77), for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2024 No.

IMMIGRATION

The Immigration (Leave to Enter and Remain) (Amendment) Order 2024

Made

Coming into force in accordance with article 1(2)

The Secretary of State makes this Order in exercise of the powers conferred by section 3A(1) and (2) and section 3B(1) and (2) of the Immigration Act 1971(1).

In accordance with section 3A(13) and section 3B(6) of that Act, a draft of this Order was laid before and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) This Order may be cited as the Immigration (Leave to Enter and Remain) (Amendment) Order 2024.

(2) This Order comes into force on the day after it is made.

(3) This Order extends to England and Wales, Scotland and Northern Ireland.

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

2.  In the Immigration (Leave to Enter and Remain) Order 2000(2), in article 13(4) (lapsing leave), in sub-paragraph (za)—

(a) after “where the holder has”, omit “unlimited”;

(b) after “(including”, omit “unlimited”;

(c) after “subject to article 13C, the”, omit “unlimited”; and

(d) in paragraph (i), omit “unlimited”.

Minister of State

Home Office

Explanatory Note

(This note is not part of the Order)

This Order amends the Immigration (Leave to Enter and Remain) Order 2000 (“the 2000 Order”).

Article 2 amends article 13(4)(za) of the 2000 Order to remove references to “unlimited” leave granted under Appendix EU to the Immigration Rules. This means that leave granted under Appendix EU will not lapse unless the holder stays outside the United Kingdom and Islands for the period stipulated in article 13(4)(za) of the 2000 Order.

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

(1)

1971 c. 77.

(2)

S.I. 2000/1161; relevant amending instruments are S.I. 2015/434, S.I. 2016/1132, S.I. 2019/686 and S.I. 2020/1353.