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The Immigration (Leave to Enter and Remain) (Amendment) Order 2013

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EXPLANATORY NOTE

(This note is not part of the Order)

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

Article 4 substitutes the existing article 8 and adds three new articles. Article 8 has been substituted so that it no longer provides for notice being given by facsimile or electronic mail. It continues to make provision concerning oral notice giving or refusing leave to enter the United Kingdom as a visitor under the immigration rules for a period not exceeding six months. Notice sent electronically or by fax is now dealt with in article 8ZA.

New article 8ZA deals with service of a written notice granting, refusing, refusing to vary or varying leave. Article 8ZA(2) and (3) sets out the ways in which written notice may be given. Article 8ZA(4) provides for deemed service where notice cannot be given in accordance with article 8ZA(2) and (3).

New article 8ZB deals with deemed time of service when a notice is sent by post, fax, e-mail, document exchange or courier.

New article 8ZC includes provision similar to that previously in article 8 and provides that, where leave to enter the United Kingdom is given under article 8A, no notice of the leave is given to the person.

Article 5 amends article 10 to reflect the amendments made to article 8 and to provide that written notice may be given in accordance with article 8ZA.

Article 6 amends article 11 to reflect the amendments to article 8.

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