Section 3: General provisions for regulation and control., Immigration Act 1971

Except as otherwise provided by or under this Act, where a person is not a British citizen—

he shall not enter the United Kingdom unless given leave to do so in accordance with the provisions of, or made under, this Act;

he may be given leave to enter the United Kingdom (or, when already there, leave to remain in the United Kingdom) either for a limited or for an indefinite period;

if he is given limited leave to enter or remain in the United Kingdom, it may be given subject to all or any of the following conditions, namely—

a condition restricting his work or occupation in the United Kingdom;

a condition restricting his studies in the United Kingdom;

a condition requiring him to maintain and accommodate himself, and any dependants of his, without recourse to public funds; . . .

a condition requiring him to register with the police.

a condition requiring him to report to an immigration officer or the Secretary of State; ...

a condition about residence;

an electronic monitoring condition (see Schedule 1A);

a condition requiring the person to be at a particular place between particular times, either on particular days or on any day;

a condition requiring the person to remain within a particular area;

a condition prohibiting the person from being in a particular area;

such other conditions as the Secretary of State thinks fit.

A condition under any of sub-paragraphs (vi) to (x) of subsection (1)(c) may be attached to limited leave to enter or remain in the United Kingdom given to a person only if the Secretary of State considers that—

the person poses a threat to national security,

the person poses a threat to the safety of the public, a section of the public, a particular individual or particular individuals,

the person has committed an offence that is specified, or falls within a description specified, in Schedule 1 to the Serious Crime Act 2007 (serious offences),

the person has committed—

an offence that is specified in Part 2 of Schedule 18 to the Sentencing Code (specified sexual offences),

a sexual offence for the purposes of section 210A of the Criminal Procedure (Scotland) Act 1995 (extended sentences), or

an offence that is specified in Part 2 of Schedule 2 to the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)) (specified sexual offences), or

the person—

has committed, or is suspected of having committed, an offence outside the United Kingdom, and

the act constituting the offence would, if it had been done in any part of the United Kingdom, have constituted an offence within paragraph (c) or (d) (other than an offence within paragraph (xxviii) of the definition of "sexual offence" in section 210A(10) of the Criminal Procedure (Scotland) Act 2010).

For the purposes of subsection (1A)(e) an act punishable under the law in force in a country or territory outside the United Kingdom constitutes an offence under that law however it is described in that law.

In the case of a limited leave to enter or remain in the United Kingdom,—

a person's leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply; and

the limitation on and any conditions attached to a person's leave (whether imposed originally or on a variation) shall, if not superseded, apply also to any subsequent leave he may obtain after an absence from the United Kingdom within the period limited for the duration of the earlier leave.

A person's leave to enter or remain in the United Kingdom shall lapse on his going to a country or territory outside the common travel area (whether or not he lands there), unless within the period for which he had leave he returns to the United Kingdom in circumstances in which he is not required to obtain leave to enter; but, if he does so return, his previous leave (and any limitation on it or conditions attached to it) shall continue to apply.

A person who is not a British citizen is liable to deportation from the United Kingdom if—

the Secretary of State deems his deportation to be conducive to the public good; or

another person to whose family he belongs is or has been ordered to be deported.

The Secretary of State may not deem a relevant person's deportation to be conducive to the public good under subsection (5) if the person's deportation—

would be in breach of the obligations of the United Kingdom under Article 20 of the EU withdrawal agreement, Article 19 of the EEA EFTA separation agreement, or Article 17 or 20(3) of the Swiss citizens' rights agreement, or

would be in breach of those obligations if the provision in question mentioned in paragraph (a) applied in relation to the person.

Without prejudice to the operation of subsection (5) above, a person who is not a British citizen shall also be liable to deportation from the United Kingdom if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so.

A court may not recommend under subsection (6) that a relevant person be deported if the offence for which the person was convicted consisted of or included conduct that took place before IP completion day.

When any question arises under this Act whether or not a person is a British citizen, or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is.

A person seeking to enter the United Kingdom and claiming to have the right of abode there shall prove it by means of—

a United Kingdom passport describing him as a British citizen,

a United Kingdom passport describing him as a British subject with the right of abode in the United Kingdom, or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a certificate of entitlement.

For the purposes of this section, a person is a "relevant person"—

if the person is in the United Kingdom (whether or not they have entered within the meaning of section 11(1)) having arrived with entry clearance granted by virtue of relevant entry clearance immigration rules,

if the person has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules,

if the person is in the United Kingdom (whether or not they have entered within the meaning of section 11(1)) having arrived with entry clearance granted by virtue of Article 23 of the Swiss citizens' rights agreement,

if the person may be granted leave to enter or remain in the United Kingdom as a person who has a right to enter the United Kingdom by virtue of—

Article 32(1)(b) of the EU withdrawal agreement,

Article 31(1)(b) of the EEA EFTA separation agreement, or

Article 26a(1)(b) of the Swiss citizens' rights agreement,

whether or not the person has been granted such leave, or

if the person may enter the United Kingdom by virtue of regulations made under section 8 of the European Union (Withdrawal Agreement) Act 2020 (frontier workers), whether or not the person has entered by virtue of those regulations.

In this section—

"EEA EFTA separation agreement" and "Swiss citizens' rights agreement" have the same meanings as in the European Union (Withdrawal Agreement) Act 2020 (see section 39(1) of that Act);
"relevant entry clearance immigration rules" and "residence scheme immigration rules" have the meanings given by section 17 of the European Union (Withdrawal Agreement) Act 2020.

Section 3: General provisions for regulation and control.

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