ECB04 - Who needs an entry clearance?
This is internal guidance for use by entry clearance (visa) staff on the handling of visa applications made outside the UK. It is a live document under constant review and is for information only.
ECB4.1 Visa nationals
A visa national is:
- a national of a country listed on our visa and transit visa nationals page
- a stateless person
- a holder of a non-national travel document unless issued by the UK, or
- a holder of a passport issued by an authority that is not recognised in the UK.
Visa nationals must obtain entry clearance before travelling to the UK unless they are:
- returning residents;
- those who have been given permission to stay in the UK and, after temporarily leaving the UK, return within the duration of that permission to stay;
- school children resident in an EU member state who are on an organised school trip from a general education school and accompanied by a teacher. See EUN07 - Travel facilities for non-EEA national school pupils resident in a Member State.
ECB4.2 Non-visa nationals
A non-visa national is a:
- national of a country which is not listed in UK visas and entry clearance page;
- British Overseas Territories citizen;
- British Overseas citizens;
- British National (Overseas);
- British Protected Persons; and
- British Subject.
Non-visa nationals do not require an entry clearance before travelling to the UK unless:
- coming to the UK for more than six months
- coming to the UK in certain categories, for example, as a fiancé(e).
Where a non-visa national insists on applying (even if an entry clearance is not required), the application should be accepted.
ECB4.3 Deportees
ECB4.3.1 What are the Immigration Rules concerning deportees?
The Immigration Rules relating to deportation
An applicant who has previously been deported from the UK at any time must apply in writing for a revocation of the Deportation Order and wait for the outcome of the revocation request before they can travel to the UK (if a non-visa national) or before applying for an entry clearance (if a visa national). ). An application for entry clearance from a person with an extant Deportation Order will be refused automatically. Entry in breach of a Deportation Order is a criminal offence under section 24 (1) (a) of the 1971 Act. Any leave acquired prior to the Deportation Order is invalid.
This also applies to any European Economic Area (EEA) national - for more guidance on these see EUN1.3.
ECB4.3.2 How can a Deportation Order be revoked?
Applications for the revocation of a Deportation Order can be made at any time. The Deportation Order must be revoked in order for the applicant to lawfully travel to the UK. Paragraph 392 of the Immigration Rules states that applications for the revocation of a Deportation Order can be submitted either to the Entry Clearance Officer or direct to the Home Office.
Applications for a Deportation Order to be revoked take the form of a letter from the deportee. If from a third party, there should be evidence that the third party has the deportee's authority to do this. The letter should have a heading that indicates that revocation of a Deportation Order is being requested and should also contain the deportee's Home Office reference number.
If an application for a revocation of a Deportation Order is received at post it should be forwarded onto the following address:
UK Border Agency
Lunar House
40 Wellesley Road
Croydon
Surrey CR9 2BY
ECB4.3.3 How much time must elapse before you can apply to have a Deportation Order revoked?
Non-criminal cases:
The Immigration Rules do not set any specific period. Paragraph 391 indicates that revocation of a Deportation Order will not normally be authorised unless the situation has materially altered, either by a change in circumstances since the Deportation Order was made, or by fresh information coming to light which was not available at the time the Deportation Order was made. The passage of time since the person was deported may in itself amount to such a change in circumstances.
Criminal conviction cases:
Paragraph 391 of the Immigration Rules set out the exclusion periods that should normally be applied in cases where a person has been deported following conviction for a criminal offence.
Where the conviction is capable of becoming 'spent' under the Rehabilitation of Offenders Act 1974, ie where there was a custodial sentence of 30 months or less, continued exclusion for a period of no less that 10 years since the making of the Deportation Order should normally be the proper course. This exclusion period does not apply where refusal to revoke a Deportation Order would result in a breach of the Human Rights Act, or the Convention and Protocol Relating to the Status of Refugees, or other exceptional circumstances apply. Where a conviction is "spent" at the time of application but 10 years have not passed, this in itself does not constitute an exceptional case and the 10 year ban should still be enforced.
In cases where a person considerably delayed the enforcement of a Deportation Order through non-compliance, consideration as to whether a lengthier exclusion period should apply.
In cases where the criminal conviction can never become 'spent', that is, for custodial sentences of more than 30 months, continued exclusion from the UK should normally be the proper course. Applications for revocation of the Deportation Order in these cases will fall to be refused unless refusal to revoke the Deportation Order would be contrary to the Human Rights Act, or the Convention and Protocol Relating to the Status of Refugees, or other exceptional circumstances apply.
ECB4.3.4 How are decisions notified?
Where the Deportation Order is revoked
Where an application to the UK Border Agency for the revocation of a Deportation Order has been made, and if it is decided to revoke the Deportation Order, the UK Border Agency will send a letter explaining this and warning that revocation of the Deportation Order gives no entitlement to entry to the UK.
Refusal to revoke the Deportation Order (non-EEA cases)
A decision to refuse to revoke a Deportation Order attracts a right of appeal from abroad. The Refusal decision notice (ICD.2929) together with the appeal form (ICD.2163 / AIT-3) will be sent to either:
- the applicant's representative in the UK if the application was made direct to the UK Border Agency from within the UK; or
- the Entry Clearance Officer for onward transmission if the application to have the Deportation Order revoked was made from abroad.