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Persons Subject to Domestic Immigration Control
The rule is stated in s.1 Immigration Act 1971 which remains the framework Act for immigration control:
s.1(1) All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in and to come and go into and from, the United Kingdom…
s.1(2) Those not having that right may live, work and settle in the United Kingdom by permission and subject to such regulation and control of their entry into, stay in and departure from the United Kingdom as is imposed by this Act…
There are several categories of people to consider: British Citizens, Commonwealth and Irish Citizens, EU Nationals and Other Nationals.
British Citizens:
British citizens
British citizens are free to enter the UK . It is important to say that not every individual holding a British passport is also a British citizen. British Overseas Citizens, British Dependent Territories Citizens and British Protected Persons holding a British passport are subject to immigration control.
Commonwealth and Irish Citizens:
Similarly, Commonwealth citizens with the right of abode and Irish citizens travelling from Ireland are not subject to immigration control. Commonwealth citizens have the right of abode if they had that right under the Immigration Act 1971 immediately before 1 January 1983 and have not ceased to be Commonwealth citizens. Before 1 January 1983 the requirements for the right of abode for Commonwealth citizens were that one of their parents was born in the UK or that they were women who were married to a man who was a British citizen or a Commonwealth citizen with the right of abode.
European Union Nationals:
EU Nationals are only subject to limited immigration control and are free to leave and enter the UK similarly to the UK Citizens.
Other Nationals:
Everyone else must have an Entry Clearance (visa) obtained before travelling to the UK and then be granted a Leave to Enter on arrival in order to enter the UK.
s.1(1) All those who are in this Act expressed to have the right of abode in the United Kingdom shall be free to live in and to come and go into and from, the United Kingdom…
s.1(2) Those not having that right may live, work and settle in the United Kingdom by permission and subject to such regulation and control of their entry into, stay in and departure from the United Kingdom as is imposed by this Act…
There are several categories of people to consider: British Citizens, Commonwealth and Irish Citizens, EU Nationals and Other Nationals.
British Citizens:
British citizens
British citizens are free to enter the UK . It is important to say that not every individual holding a British passport is also a British citizen. British Overseas Citizens, British Dependent Territories Citizens and British Protected Persons holding a British passport are subject to immigration control.
Commonwealth and Irish Citizens:
Similarly, Commonwealth citizens with the right of abode and Irish citizens travelling from Ireland are not subject to immigration control. Commonwealth citizens have the right of abode if they had that right under the Immigration Act 1971 immediately before 1 January 1983 and have not ceased to be Commonwealth citizens. Before 1 January 1983 the requirements for the right of abode for Commonwealth citizens were that one of their parents was born in the UK or that they were women who were married to a man who was a British citizen or a Commonwealth citizen with the right of abode.
European Union Nationals:
EU Nationals are only subject to limited immigration control and are free to leave and enter the UK similarly to the UK Citizens.
Other Nationals:
Everyone else must have an Entry Clearance (visa) obtained before travelling to the UK and then be granted a Leave to Enter on arrival in order to enter the UK.
