The Immigration (Leave to Enter and Remain) (Amendment) Order 2010

• Citation: S.I. 2010/957
• Sections: 5

Section 1 Citation and commencement

This Order may be cited as the Immigration (Leave to Enter and Remain) (Amendment) Order 2010 and shall come into force on the day after the day on which it is made.

Section 2 Amendment to the Immigration (Leave to Enter and Remain) Order 2000

The Immigration (Leave to Enter and Remain) Order 2000 is amended as follows.

Section 3 Amendment to the Immigration (Leave to Enter and Remain) Order 2000

(1) Article 8 (grant or refusal of leave otherwise than by notice in writing) is amended as follows.

(2) In paragraph (1), at the start insert “Subject to paragraph (5),”.

(3) After paragraph (4) insert—

(5) No notice shall be given where a person is given leave to enter the United Kingdom by passing through an automated gate in accordance with article 8A.

Section 4 Amendment to the Immigration (Leave to Enter and Remain) Order 2000

After article 8 insert—

Automatic grant of leave

(8A)

(1) An immigration officer may authorise a person to be a person who may obtain leave to enter the United Kingdom by passing through an automated gate.

(2) Such an authorisation may—

(a) only authorise a person to obtain leave to enter the United Kingdom as one of the categories of person under the immigration rules mentioned in paragraph (5);

(b) set out the conditions of use for an automated gate;

(c) list the automated gates for which the authorisation is valid;

(d) remain in force for up to 24 months; and

(e) be varied or withdrawn at any time, with or without notice being given to the person.

(3) Where a person passes through an automated gate—

(a) having been authorised under paragraph (1) as a person who may obtain leave to enter the United Kingdom by passing through an automated gate;

(b) in accordance with the conditions of use for an automated gate;

(c) which is an automated gate for which the authorisation is valid; and

(d) while the authorisation remains in force,

the person shall be given leave to enter the United Kingdom for six months as the category of person under the immigration rules for which the person has been authorised under paragraph (1).

(4) Such leave shall be subject to conditions prohibiting employment and recourse to public funds (within the meaning of the immigration rules).

(5) The categories of person under the immigration rules mentioned in this paragraph are—

(a) a general visitor;

(b) a business visitor;

(c) an academic visitor;

(d) a sports visitor;

(e) an entertainer visitor;

(f) a person seeking leave to enter as a visitor for private medical treatment;

(g) a person seeking leave to enter as the parent of a child at school in the United Kingdom.

Section 5 Amendment to the Immigration (Leave to Enter and Remain) Order 2000

In article 11 (burden of proof) after “or 9,” insert “or by virtue of article 8A,”.