The Immigration (Exemption from Control) Order 1972

EXPLANATORY NOTE

This Order exempts certain classes of persons from some or all of the provisions of the Immigration Act 1971 relating to those who are not patrial. The Order contains provisions corresponding broadly to those in the Aliens (Foreign Representatives) Direction 1963 (S.I. 1963/2133, as amended) and the Commonwealth Immigrants (Control of Immigration) Exemption Order 1965 (S.I. 1965/153) which cease to have effect on the coming into force of Part I of the 1971 Act. The persons covered by the Order fall into three categories. The first relates to persons who are exempt from all such provisions of the 1971 Act and comprises consular officers and consular employees in the service of states with which consular conventions have been concluded and members of their families forming part of their households (Article 3).

The second relates to persons who are exempt from all provisions of the Act relating to persons who are not patrial except any provisions relating to deportation and covers members of foreign and Commonwealth governments visiting the United Kingdom on the business of their government and other persons who, under various statutory provisions, are entitled to certain diplomatic immunities and members of the family of any such person forming part of his household (Article 4). Excluded from this category are persons who are exempt from immigration control under section 8(3) of the 1971 Act.

The third category relates to those who are exempt, on arrival in the United Kingdom, from the provisions of section 3(1)(a) of the 1971 Act (which requires persons who are not patrial to obtain leave to enter the United Kingdom), unless they are subject to a deportation order or have previously entered the United Kingdom unlawfully (Article 5). These comprise citizens of the United Kingdom and Colonies holding a passport expressed to be a British Visitor's Passport; Commonwealth citizens included in a passport issued in the United Kingdom or any of the Islands expressed to be a Collective Passport; Commonwealth citizens and citizens of the Republic of Ireland who return to the United Kingdom from France or Belgium from an excursion for which they do not require a passport; (unless they are required to submit to examination under Schedule 2 to the Act), certain seamen who, on arrival in the United Kingdom are discharged from their ships and members of aircraft crew who, having been given a limited leave to enter the United Kingdom, during the period of their leave return under an engagement which requires them to leave again as a member of the crew of the same or another aircraft within a period exceeding seven days. (Crew members whose engagement requires them to leave within seven days are exempt from the requirement to obtain leave to enter under section 8(1) of the Act.)