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Persons who are subject to immigration control

British Citizens

British citizens are not subject to immigration control. This may seem obvious, but for the purposes of UK immigration law, not every person holding a British passport is also a British citizen. There are several other categories of people entitled to hold British passports, such as British Overseas Citizens, British Dependent Territories Citizens and British Protected Persons. These individuals are subject to immigration control and have to comply with the immigration rules on entry and residence. They are also not British nationals for the purpose of exercising EU free movement rights in other EU Member States.

Commonwealth and Irish Citizens

Commonwealth citizens with the right of abode and Irish citizens travelling from Ireland are not subject to immigration control. Permission to enter is not required from an immigration officer and passports will not be stamped.

Commonwealth citizens retain 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.
• 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

There are special regulations for EU nationals who are subject to only a limited form of immigration control. This exception also applies to other designated States with whom the EU has negotiated free movement agreements.

Others

Everybody else is subject to full immigration control and can only come here with the permission of an immigration officer and if they come, must qualify under the immigration rules for a specific purpose.


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