The Immigration (Leave to Enter and Remain) (Amendment) Order 2015
In accordance with sections 3A(13) and 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 interpretation1.
(1)
This Order may be cited as the Immigration (Leave to Enter and Remain) (Amendment) Order 2015 and comes into force at the end of the period of 21 days beginning with the day on which it is made.
(2)
Amendment of the 2000 Order2.
(1)
The 2000 Order is amended as follows.
(2)
In article 1(3) (citation, commencement and interpretation)—
(a)
omit the definition of “the Immigration Acts”;
(b)
““biometric immigration document” means a document recording biometric information;”.
(3)
In article 4 (extent to which entry clearance is to be leave to enter)—
(a)
in paragraph (3A)(c) after “clearance” insert “except those to which paragraph (3B) applies”;
(b)
“(3B)
A short term biometric entry clearance shall have effect as leave to enter the United Kingdom on one occasion during its period of validity; and, on arrival in the United Kingdom, the holder shall be treated for the purposes of the Immigration Acts as having been granted, before arrival, leave to enter the United Kingdom—
(a)
in the case of an entry clearance which is endorsed with an indefinite period of leave, for an indefinite period; or
(b)
in the case of an entry clearance which is endorsed with conditions, for a limited period, being the period beginning on the date on which the holder arrives in the United Kingdom and ending on the date of the expiry of the holder’s period of leave.”; and
(c)
“(5)
In this article—
(a)
“period of leave” means the intended period of leave which—
(i)
in the case of an indefinite intended period of leave, is endorsed on the person’s short term biometric entry clearance; or
(ii)
in the case of a limited period of leave, is stated in the written decision which accompanies the person’s short term biometric entry clearance,
and such a period of leave will only have effect on the person’s arrival in the United Kingdom in accordance with paragraph (3B) and subject to the powers of variation, cancellation and refusal of leave under this Order, the Immigration Acts and the immigration rules; and
(b)
“short term biometric entry clearance” means an entry clearance document which—
(i)
is issued to a person who has made a successful application for a biometric immigration document from outside the United Kingdom, in order that the person may travel to the United Kingdom to obtain that biometric immigration document; and
(ii)
has a period of validity ending before the expiry of the period of leave that the holder’s biometric immigration document will evidence.”.
(4)
In article 13 (leave which does not lapse on travel outside Common Travel Area)—
(a)
in paragraph (1) after “this article” insert “and article 13A”; and
(b)
in paragraph (4)(a) at the beginning insert “Subject to article 13A,”.
(5)
“Partners and children of members of HM Forces13A.
(1)
Any period of time spent by a person to whom this article applies accompanying their partner, or, as the case may be, parent, who is posted outside the United Kingdom as a member of Her Majesty’s Forces does not count towards the period mentioned in article 13(4)(a).
(2)
This article applies to a person who has leave—
(a)
as the partner or child of a member of HM Forces under Appendix Armed Forces to the immigration rules (“Appendix Armed Forces”)3;(b)
as the spouse, civil partner, unmarried or same-sex partner, or child of a member of HM Forces under Part 7 of the immigration rules4; or(c)
as the spouse, civil partner, unmarried or same-sex partner, or child of a British citizen or person who is settled in the United Kingdom under Part 8 of the immigration rules5 where that British Citizen or, as the case may be, settled person, is a member of Her Majesty’s Forces.(3)
In paragraph (1)—
(a)
the reference to a person’s “partner” means—
(i)
in relation to a person falling within paragraph (2)(a), the partner in respect of whom they have leave under Appendix Armed Forces and,
(ii)
in relation to a person falling within paragraph (2)(b) or (2)(c), the spouse, civil partner, unmarried or same sex partner in respect of whom they have leave under Part 7 or, as the case may be, Part 8, of the immigration rules; and
(b)
the reference to a person’s “parent” means the parent in respect of whom they have leave under Appendix Armed Forces, or, as the case may be, Part 7 or Part 8 of the immigration rules.
(4)
In this article “Her Majesty’s Forces” has the same meaning as in the Armed Forces Act 20066.”.
This Order makes various amendments to the Immigration (Leave to Enter and Remain) Order 2000 (“the 2000 Order”).
Article 4 of the 2000 Order provides for the extent to which entry clearance documents, which satisfy the requirements in article 3, have effect as leave to enter under article 2. This Order amends article 4 to enable short term biometric entry clearance documents issued to overseas applicants for biometric immigration documents to have effect as leave to enter the United Kingdom.
Article 13 of the 2000 Order makes provision for certain types of leave to enter or remain not to lapse on leaving the common travel area, unless a person remains outside the United Kingdom for a continuous period of more than two years. Article 2(5) inserts a new article 13A in the 2000 Order such that any period spent by the partner or child accompanying a member of HM Forces overseas will not count towards the calculation of that two year period (such that if the posting lasts more than two years and the partner or child does not return to the UK during that time, their leave will not lapse).
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.