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GLOSSARY

Admission to the UK definition

Published by a LexisNexis Immigration expert

What does Admission to the UK mean?

Action of admitting or permitting a person to enter the UK. British citizens and certain other British passport holders as well as eea citizens exercising Community rights and certain Commonwealth citizens with the right of abode are entitled to be admitted to the UK without leave: see Immigration Act 1971, ss 1(1), 2, 3(1); Immigration Act 1988, s 7; Immigration (EEA) Regulations 2006; immigration rules HC 395, paras 7, 16.

Any other person who wishes to ascertain in advance whether he is eligible for admission to the UK may apply for the issue of an entry clearance: Immigration Rules HC 395, para 24.

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Detention, temporary admission and bail [Archived]

This Practice Note covers the law relating to temporary admission and bail which applied as of 24 November 2016, prior to the commencement of the Immigration (European Economic Area) Regulations 2016, SI 2016/1052.This Practice Note examines the powers of the Home Office to detain individuals when exercising immigration control, as well as the forms of release that are relevant to persons who are liable to detention, ie temporary admission/temporary release, restriction orders and bail. The note is primarily intended to provide a summary of the key principles involved, as a detailed treatment of these topics is currently outside the scope of Lexis®PSL Immigration.For more detailed commentary on these topics, including on challenging detention, please see Chapter 18 of Macdonald's Immigration Law and Practice (for which a relevant subscription to Lexis®Library is required). For a critical overview of the situation in relation to immigration detention in practice, please see the joint report of the All-party Parliamentary Groups on Refugees and Migrants into the use of immigration detention in the...

Grounds of judicial review—breach of legitimate expectation

Grounds of judicial review—breach of legitimate expectation The ground of challenge based on legitimate expectations is designed to hold a public authority to ‘an express promise given on behalf of a public authority or from the existence of a regular practice which the claimant can reasonably expect to continue’ (the legitimate expectation), where to go back on that promise or change its practice would be an abuse of power. There are generally two elements to a legitimate expectations challenge: • Was there a legitimate expectation, and what was it an expectation of? • Has the public authority frustrated that expectation in a way that was so unfair as to amount to an abuse of power? A legitimate expectation can be either procedural or substantive. However, the law on legitimate expectations is still developing, and what constitutes a legitimate expectation and/or an unfair frustration of that expectation is not yet entirely settled. Development of legitimate expectations The concept of legitimate expectation was first developed by Lord Denning MR in Schmidt...

Discover our 3 Practice Notes on Admission to the UK

‘Frontier workers’ and other IP completion day preparations

Immigration analysis: Three new sets of draft regulations were published on 21 September 2020 which will form part of the legislative framework governing the end of the Brexit transition period on 31 December 2020 (IP completion day). The new regulations cover provision for: ‘frontier workers’ (European Economic Area (EEA) and Swiss citizens who primarily live outside the UK, but have worked regularly in the UK prior to IP completion day); protecting the lawful residence of certain EEA and Swiss citizens and their family members who were resident in the UK on IP completion day but did not yet have leave granted under the EU Settlement Scheme (until the end of the application grace period); and implementing the Withdrawal Agreement and equivalent EEA and Swiss agreements in relation to EU law protections from expulsion. The latter two are effected via various modified savings of the Immigration (European Economic Area) Regulations 2016 (the EEA Regs 2016). The frontier worker regulations could also be relevant for persons who have obtained pre-settled status under...

Immigration—making provision for a no-deal Brexit

Immigration analysis: On 24 October 2019, just seven days before the current extension to Article 50 TEU was due to expire, the government laid two legislative instruments to make provision for immigration changes for EEA/Swiss citizens and their family members in the event of a no deal Brexit. The effects of these policy changes have mainly been announced previously, but there are some new measures. This analysis considers these latest instruments.

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