PART IV

LEAVE WHICH DOES NOT LAPSE ON TRAVEL OUTSIDE COMMON TRAVEL AREA
13
1
In this Part “leave” means—
a
leave to enter the United Kingdom (including leave to enter conferred by means of an entry clearance under article 2); and
b
leave to remain in the United Kingdom.
2
Subject to paragraph (3), where a person has leave which is in force and which was:
a
conferred by means of an entry clearance (other than a visit visa or Service Provider from Switzerland visa) under article 2; or
b
given by an immigration officer or the Secretary of State for a period exceeding six months,
such leave shall not lapse on his going to a country or territory outside the common travel area.
3
Paragraph (2) shall not apply:
a
where a limited leave has been varied by the Secretary of State; and
b
following the variation the period of leave remaining is six months or less.
4
Leave which does not lapse under paragraph (2) shall remain in force either indefinitely (if it is unlimited) or until the date on which it would otherwise have expired (if limited), but—
za
where the holder has
...
leave granted by virtue of Appendix EU to the immigration rules (including
...
leave granted by virtue of Appendix EU before this paragraph comes into force), subject to article 13C, the
...
leave lapses if the holder stays outside the United Kingdom and Islands for a continuous period of more than—
i
four years, in the case of
...
leave granted by virtue of Appendix EU to the immigration rules as a Swiss national or a family member of a Swiss national;
ii
five years, in all other cases;
a
in any other case and subject to articles 13A, 13B and 13C , where the holder has stayed outside the United Kingdom and Islands for a continuous period of more than two years, the leave (where the leave is unlimited) or any leave then remaining (where the leave is limited) shall thereupon lapse; and
b
any conditions to which the leave is subject shall be suspended for such time as the holder is outside the United Kingdom and Islands.
5
For the purposes of paragraphs 2 and 2A of Schedule 2 to the Act (examination by immigration officers, and medical examination), leave to remain which remains in force under this article shall be treated, upon the holder’s arrival in the United Kingdom, as leave to enter which has been granted to the holder before his arrival.
6
Without prejudice to the provisions of section 4(1) of the Act, where the holder of leave which remains in force under this article is outside the United Kingdom, the Secretary of State may vary that leave (including any conditions to which it is subject) in such form and manner as permitted by the Act or this Order for the giving of leave to enter.
7
Where a person is outside the United Kingdom and has leave which is in force by virtue of this article, that leave may be cancelled:
a
in the case of leave to enter, by an immigration officer; or
b
in the case of leave to remain, by the Secretary of State.
8
In order to determine whether or not to vary (and, if so, in what manner) or cancel leave which remains in force under this article and which is held by a person who is outside the United Kingdom, an immigration officer or, as the case may be, the Secretary of State may seek such information, and the production of such documents or copy documents, as an immigration officer would be entitled to obtain in an examination under paragraph 2 or 2A of Schedule 2 to the Act and may also require the holder of the leave to supply an up to date medical report.
9
Failure to supply any information, documents, copy documents or medical report requested by an immigration officer or, as the case may be, the Secretary of State under this article shall be a ground, in itself, for cancellation of leave.
10
Section 3(4) of the Act (lapsing of leave upon travelling outside the common travel area) shall have effect subject to this article.
Art. 13 in force at 30.7.2000, see art. 1(2)
Words in art. 13(4)(a) inserted (18.3.2015) by The Immigration (Leave to Enter and Remain) (Amendment) Order 2015 (S.I. 2015/434), arts. 1(1), 2(4)(b)
Words in art. 13(1) substituted (23.11.2016) by The Immigration (Leave to Enter and Remain) (Amendment) Order 2016 (S.I. 2016/1132), arts. 1(2), 2(5)(a)
Art. 13(4)(za) inserted (30.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 (S.I. 2019/686), arts. 1(3), 8(3)(a)
Words in art. 13(4)(a) substituted (30.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 (S.I. 2019/686), arts. 1(3), 8(3)(b)
Words in art. 13(4) inserted (30.3.2019) by The Immigration (European Economic Area Nationals) (EU Exit) Order 2019 (S.I. 2019/686), arts. 1(3), 8(3)(c)
Words in art. 13(2)(a) inserted (coming into force in accordance with art. 1(2) of the amending S.I.) by The Immigration (Leave to Enter and Remain) (Amendment) (EU Exit) Order 2020 (S.I. 2020/1353), art. 2(7)
Word in art. 13(4)(za) omitted (21.5.2024) by virtue of The Immigration (Leave to Enter and Remain) (Amendment) Order 2024 (S.I. 2024/663), arts. 1(2), 2(a)
Word in art. 13(4)(za) omitted (21.5.2024) by virtue of The Immigration (Leave to Enter and Remain) (Amendment) Order 2024 (S.I. 2024/663), arts. 1(2), 2(b)
Word in art. 13(4)(za) omitted (21.5.2024) by virtue of The Immigration (Leave to Enter and Remain) (Amendment) Order 2024 (S.I. 2024/663), arts. 1(2), 2(c)
Word in art. 13(4)(za)(i) omitted (21.5.2024) by virtue of The Immigration (Leave to Enter and Remain) (Amendment) Order 2024 (S.I. 2024/663), arts. 1(2), 2(d)