home office common travel area

Home Office publishes guidance on the Common Travel Area

LNB News 17/08/2021

Document Information

Issue Date: 17 August 2021

Published Date: 17 August 2021

Jurisdiction(s): England, Northern Ireland, Scotland and Wales

The Home Office has published a new guidance...

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Blog Home Office in the media

https://homeofficemedia.blog.gov.uk/2019/11/04/media-factsheet-border-force/

Media factsheet: Border Force

The work of Border Force:

• Border Force’s mission is to secure the UK border.
• Officers work at around 140 sea and air ports across the UK and overseas to ensure the smooth flow of people and goods over the border.  In doing so they help to support business and tourism which are vital to the nation’s prosperity.
• Security and identity checks are carried out on 100% of passengers arriving at the UK border on scheduled services together with intelligence-led checks at smaller ports and airfields.
• Last year, nearly 144 million individuals entered the UK. Whenever there is reason to suspect criminality, we carry out rigorous work to stop illegal immigration and smuggling.
• Over 30,000 individuals were detected at the juxtaposed ports last year.
• Border Force uses advance data to process the movements of over 280 million passengers and crew a year, both inbound and outbound, and last year prevented 2,846 passengers from travelling to the UK.

Clandestines, juxtaposed controls and use of technology

  Border Force conducts rigorous checks at UK ports, undertaken by skilled officers.

Officers search vehicles and containers entering the UK on an intelligence-led and targeted basis.  This involves the use of state of the art scanning equipment, CO2 probes, x-ray technology, motion sensors as well as use of sniffer dogs.

We are also investing in new technology, such as e-Passport gates and motion detection technology, to improve security and prevent illegal entry to the UK, benefit passengers and deliver efficiencies.

The  UK operates border controls in France and Belgium. This allows Border Force officers to check passengers and freight destined for the UK before they begin their journey.

These ‘juxtaposed controls’ are in place at Calais and Dunkirk ports, at the Eurotunnel terminal at Coquelles and in Paris Gare du Nord, Lille, Calais-Frethun and Brussels Midi stations for Eurostar passengers.

Border Force work proactively with European law enforcement, including partners in France, Belgium and the Netherlands, to target the organised crime networks behind people trafficking and illegal migration.

The maritime border

  Border Force uses a combination of cutters and Coastal Patrol Vessels to patrol UK maritime borders and respond to maritime border security threats.

The total fleet comprises five cutters and six Coastal Patrol Vessels (CPVs). Two CPVs and three cutters are currently in the Channel.

Border Force’s deployment of maritime capabilities is under constant review.

Small boats

Border Force operations to counter clandestine crossings of the Channel are coordinated with our French counterparts with whom we have a close working relationship.

On 28 September, an enhanced action plan, agreed by the Home Secretary, Priti Patel, and French Interior Minister, Christophe Castaner, came into force.

The plan redoubles efforts to address the issue and includes:

• doubling patrols and deploying new detection equipment to increase interceptions on French beaches
• action to intensify efforts to tackle criminal gangs through strengthened intelligence sharing
• engaging directly with migrants to discourage them from making the journey

Assets on the ground will be doubled to provide 24/7 cover of the beaches in northern France, ensuring more detections before boats are able to leave the shore, cutting the number of attempted crossings.

Specialist Border Force work

Forgery detection is a core part of training for all Border Force officers. Most ports have a team of specially trained forgery officers who will use specialist equipment to examine suspicious documents at ports.

As well as detection and seizure work, Border Force also works to identify and protect vulnerable individuals including those at risk of trafficking, modern day slavery, forced marriage and female genital mutilation.

A network of specialist Border Force safeguarding and modern slavery officers works across the UK.

Last year the Home Office supported victims in 1,764 suspected cases of forced marriage, 574 of which involved under-18s.

Common Travel Area

Border Force and the wider Home Office works closely with the Irish authorities on border security and to tackle abuse of the Common Travel Area. This includes data sharing, operational co-ordination and work on passenger data.

Individuals identified attempting to circumvent UK border controls are liable to be removed if not lawfully present in the UK.

Close working with law enforcement colleagues

Border Force works closely with the National Crime Agency, police, other law enforcement organisations and international partners.  This joint work secures our borders against a range of threats, including modern slavery and human trafficking, terrorism, firearms, Class A drugs, and tax evasion whilst disrupting organised criminal groups.

Border Force also works and shares intelligence with Immigration Enforcement Criminal and Financial Investigation (CFI) teams, who are an operational part of the Home Office, dedicated to investigating and prosecuting the criminal gangs behind illegal migration.

Recent examples of criminal action resulting from Border Force detections include:

• On 31 October a 41-year-old man was jailed for 17 years after pleading guilty to importing Class A drugs. He had been caught by Border Force officers at the Port of Harwich on 26 June with 264kg of cocaine hidden in his lorry.
• On 28 October a 23-year-old man was jailed for two years and three months after pleading guilty to facilitating a breach of the UK’s immigration laws. He had been caught by Border Force officers at the Channel Tunnel entrance in Coquelles with two Albanian nationals hidden in his car.
• On 2 October a 52-year-old man was jailed for six years after pleading guilty to facilitating a breach of the UK’s immigration laws. He had been caught by Border Force officers at the Port of Hull with 20 people, who presented themselves as Afghan nationals, hidden in his lorry.
• On 16 September a 36-year-old man was jailed for 21 months after pleading guilty to assisting unlawful entry into the UK. He had been caught by Border Force officers at the Port of Holyhead attempting to abuse the Common Travel Area and bring four Albanian nationals into the UK in his car.
• On 31 August, officers from Border Force and the National Crime Agency seized nearly 1.3 tonnes of heroin at the Port of Felixstowe which was found concealed in the back of a trailer. This is the largest ever seizure of heroin in the UK. Following the find, four arrests were made by Dutch and Belgian law enforcement.
• On 8 July a 31-year-old man was jailed for three years and four months after pleading guilty to assisting unlawful immigration into the UK. He had been intercepted by a Border Force cutter on 27 March in the Channel near Folkestone on board a RHIB with 12 migrants, including two children, on board.

Tags: Border Force , border security

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Common Travel Area: What is it, and how can it help travellers without a passport?

Exclusive: you can travel where you wish within the cta, but you are expected to carry some id, article bookmarked.

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Many travellers are concerned about potential delays in renewing their passports ahead of journeys this spring and summer.

A five-week strike by members of the PCS union working at HM Passport Office is under way, with 1,000 staff on strike in a dispute over Civil Service pay.

In addition, the Home Office has revealed it has no intention of reducing the current advice that travellers should allow 10 weeks for passport issue or renewal.

Since Brexit, rules for entering the European Union have become more complex with stipulations on the maximum age of a passport on departure to the EU (10 years) and the minimum validity on the day of return (three months).

As a result, some travellers may feel they are unable to venture overseas because they cannot guarantee having a valid document.

Yet thanks to agreements stretching back a century, British travellers can venture without a passport (subject to the airline’s policy) anywhere within the Common Travel Area (CTA). This comprises one EU nation – Ireland – as well as the “Crown Dependencies” of the Isle of Man and the Channel Islands. You could think of the arrangement as a “Schengen Area for the British Isles”. The UK government says the CTA “underpinned the Belfast/Good Friday Agreement”.

These are the key questions and answers.

When and how did the CTA come into being?

The Common Travel Area is an open-borders agreement that predates such arrangements in Continental Europe. It has its origins in the border deals made in 1923 when formalising links between the newly created Irish Free State and the United Kingdom – comprising England, Scotland, Wales and Northern Ireland.

It now also embraces the Bailiwicks of Jersey and Guernsey (including the smaller Channel Islands) and the Isle of Man, but not British Overseas Territories such as Gibraltar and Bermuda.

What benefits does it confer?

Numerically, by far the most significant benefits are for British and Irish citizens. They can “move freely between the UK and Ireland”. British citizens can work and take up residence in Ireland, and Irish citizens can do the same in the UK “without any requirement to obtain permission”. Professional qualifications are mutually recognised. And citizens of each country “have the right to access emergency, routine and planned publicly funded health services in each other’s state, on the same basis as citizens of that state”.

As a British citizen, what do I need to travel within the Common Travel Area?

To ireland from great britain (england, wales, scotland).

The Irish government says: “There is no requirement for Irish and British citizens to carry passports when travelling within the Common Travel Area.

“However, it is the case that airline carriers in many instances require all passengers to have a passport in their possession before allowing them to board aircraft. This is not an immigration requirement.”

Ryanair demands a passport for all travellers from Great Britain to Ireland. The airline says: “A valid passport is required for travel with Ryanair between Ireland and the UK. No exceptions will be made. Driving licences are not acceptable for travel with Ryanair between the UK and Ireland.”

British Airways says: “If you are a citizen of the UK or Republic of Ireland who was born in that country you do not need a passport to travel between the two countries but you do require some form of photographic identification, such as a driving licence. All other travellers require a valid passport to travel between the two countries.”

Aer Lingus says acceptable identification includes:

• Valid passport or Irish passport card
• Driver’s licence with photo
• International student card
• Government issued photo ID cards
• Health insurance cards with photo/social security cards with photo
• Bus pass with photo
• Work ID with photo

Ferry companies follow the Aer Lingus policy, broadly.

To Ireland from Northern Ireland

The Irish government says: “For journeys on and across the island of Ireland, British and Irish citizens do not require any travel documents.”

To the Isle of Man

No passport necessary.

To the Channel islands

No passport necessary, but “All visitors do require some form of photographic identification”.

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The Common Travel Area explained

The Common Travel Area, often referred to as the CTA, is an agreement between the UK, Ireland and the Crown Dependencies – Jersey, Guernsey and the Isle of Man.

Under the agreement, Irish and British citizens are able to enjoy freedom of movement and other benefits when travelling with the CTA.

If you need assistance with an immigration issue, our lawyers are here for you, simply get in touch today by calling +1 844 290 6312 .

Request a call back from our immigration experts

Regions included and not included in the cta arrangements.

The CTA covers the following:

• United Kingdom (England, Scotland , Wales and Northern Ireland);
• Ireland (Republic of);
• Isle of Man;
• Guernsey; and

It is important to be aware that all other British Overseas Territories, such as Gibraltar, are not part of the Common Travel Area agreement.

The Common Travel Area and Brexit

The CTA is not dependent on British and Irish membership of the European Union (EU) and actually pre dates the creation of the union and therefore the free movement rights granted under the CTA arrangements are not voided by Brexit.

Following the UK’s decision to leave the EU, the British and Irish governments signed a Memorandum of Understanding to confirm the long standing arrangement and commitment to maintain the CTA and the rights that are granted with it.

Such rights mean that British and Irish citizens have the right to live, study, work and access healthcare and public services freely across the CTA without having to apply for immigration permission. However, it is important to realise that these freedoms only apply to British or Irish citizens – other foreign nationals will have to apply for the relevant visas.

Travelling within the CTA

For citizens from Ireland and the UK they are not subject to passport controls when travelling with the CTA. However, this does not mean they do not show ID to border controls.

They may be asked by an immigration officer to prove they are a citizen of Ireland or the UK and this is usually done by showing a passport from the appropriate state.

The CTA arrangements also means there is co-operation between both Ireland and the UK’s immigration services. For example, Irish border control could refuse someone permission to enter Ireland if they suspect they are travelling on to the UK but would not qualify for entry.

What Rights Are Granted via the CTA?

Education and work rights.

Under the CTA if you are a British or Irish citizen they you are able to work in the region without permission – this includes undertaking any self-employment work in the Common Travel Area.

The agreement also means that both governments will recognise professional qualifications from either country and therefore, it is easier for Irish and UK citizens to find appropriate employment suitable to their skills.

British or Irish citizens also have equal rights to access education in either country. The Irish and UK governments have also ensured that citizens can access a range of student support including student loans and other financial funds.

Rights to access social security benefits

Both British and Irish citizens are entitled to access social security benefits and other public funds within the CTA. However, it is important to realise that citizens can only be subject to one country’s social security legislation at a time.

This means it is only possible to pay into one region’s social security scheme at one time – meaning you are entitled to the same social security rights benefits granted to all citizens of that state – this includes pensions.

There is a strong bilateral agreement between UK and Irish governments to ensure that these rights to public funds will continue to be protected.

Do you need help applying for a British passport? Our lawyers can assist you. Get in touch

Health Care, Social Housing Support, and Voting Rights Covered by the CTA Arrangements

A key advantage of the CTA is that Irish and UK citizens have the right to access health care wherever there are residing. This means Irish citizens visiting or living in the UK can receive NHS treatment and vice-versa.

The same access is also given to Irish and British citizens in terms of social housing, supported housing or support if homeless.

The Common Travel Area agreement also extends to voting rights, with Irish nationals and UK citizens entitled to register to vote in both local or national parliamentary elections – assuming they fulfil all other criteria such as being of voting age etc.

How Can We Help?

IAS can offer advice sessions, where one of our lawyers will discuss your circumstances with you. This session will give you the chance to ask our lawyers any questions you may have about citizenship.

Our immigration attorneys can also assist you with your British Citizenship application and will ensure that you are able to keep your American nationality when guiding you through each stage of your application process. We offer a number of services to assist you with this.

If you choose to get the help of IAS, you will be assigned a caseworker who will work with you one-on-one to gather and organize your supporting evidence. Your immigration attorney will also submit a detailed Letter of Representation to support your application, liaise with the UK government on your behalf.

Our IAS attorneys will take care of every aspect of your application, for more details about the services our attorneys offer speak to one of our immigration experts today on +1 844 290 6312.

You may be interested in reading about.

British citizenship, spouse visa application, indefinite leave to remain, spouse visa extension, skilled worker visa, sponsor licence application.

We can help you if you need help with your British passport application. Call us now

Last modified on December 9th, 2022 at 6:21 am

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Please refer to this webpage if you have queries about entering the Isle of Man from the Republic of Ireland (as a visitor or relocating as a Isle of Man visa holder) or general information on travelling internationally with an Isle of Man Immigration Status.

Entering the Isle of Man from the Republic of Ireland

Travel documents.

Please see our 'Intra CTA travel document requirements' guidance document .

The Common Travel Area (CTA)

Isle of Man, the United Kingdom, the Channel Islands (Bailiwick of Guernsey/Bailiwick of Jersey) and the Republic of Ireland collectively form a common travel area (CTA). This means that an applicant who has entered the common travel area and who has been examined for the purpose of immigration control (for example in the UK) does not require leave to enter any other part of the common travel area. There are certain exceptions to this including those subject to deportation orders or exclusion decisions. Simply, travel between the Isle of Man and the United Kingdom is an internal domestic journey and there is no separate immigration or other control.

Where 'Ireland' is referenced on this webpage this is shorthand for the Republic of Ireland (ROI).

Non-British or Irish Citizens – Entry from the Republic of Ireland (ROI)

If you already hold a valid Isle of Man Immigration status, please see 'Travelling with an Isle of Man Immigration Status' section further down this page. 

The Isle of Man’s  Control of Entry through Republic of Ireland Order  replicates the UK’s equivalent Order and therefore reference can be made to the UKHO page:  Travelling to the UK from Ireland, Isle of Man, Guernsey or Jersey - GOV.UK 

The sections below are for visitors to the IOM from the ROI.

People who need permission to enter the IoM from ROI

Some people automatically have permission to enter the Isle of Man when they arrive from the ROI. This permission is called ' deemed leave '. This is not applied for and no stamp will be placed in your passport showing deemed leave.  You only need to get permission to enter the IOM when arriving from ROI if any of the following apply:

• you arrived in Ireland from outside of the Common Travel Area (CTA) and did not obtain immigration permission to enter Ireland
• you’re a visa national  who doesn’t have a valid visa to enter the Isle of Man or a valid visa granted under the British-Irish Visa Scheme (BIVS)
• you entered the Republic of Ireland unlawfully from outside the CTA
• you entered the Isle of Man, UK, Jersey or Guernsey unlawfully and went directly from there to Ireland
• your permission to enter or stay expired before you left the Isle of Man and since then you haven’t been given permission to enter or stay in the Isle of Man, UK, Jersey or Guernsey
• you are the subject of an international travel ban
• you were refused admission or subject to a removal decision under specific regulations - unless you were later given permission to enter or stay

In these situations, you must either apply for:

• a visa before you travel
• a permission to enter from an Immigration Officer at the border

Example:  South African Nationals are  Visa Nationals in the Isle of Man . If a South African (or any other Visa National) wants to visit the Isle of Man and doesn’t already hold a valid visa that allows entry to the Isle of Man they must to apply for (and be granted) a visa that allows this before they travel to the Isle of Man. 

The vast majority of people entering the Isle of Man from Ireland will either have Deemed Leave permission (see below) or should have already applied for and been granted a valid visa allowing Entry into the Isle of Man.

In instances where entrants need (and are eligible for) permission to enter the Isle of Man from an Immigration Officer when entering the IOM from the CTA this may not be possible. This is because there are usually no immigration controls on these journeys.  The Contact details for the Immigration Service can be found on our website .

You need to  seek permission to enter the Isle of Man from anywhere in the CTA   if:

• you are subject to a deportation order
• your exclusion has been deemed conducive to the public good and you have been accordingly refused permission to enter the UK or any of the Crown Dependencies
• you have at any time been refused permission to enter the Isle of Man and haven’t, since the time you were refused permission, been granted permission to enter or remain in the UK or any of the Crown Dependencies

People who don’t need permission to enter the IOM from ROI

If none of the criteria set out above in 'People who need permission to enter the Isle of Man from ROI' section apply to a person, they may automatically have permission to enter the Isle of Man when they arrive from the ROI. This permission is called ' deemed leave '. This is not applied for and no stamp will be placed in your passport showing deemed leave.

You can enter on the basis of deemed leave when you either:

• enter Ireland from a country outside the CTA, and then to the Isle of Man
• were in the Isle of Man with permission to stay for a limited time, you went directly to Ireland and while you were in Ireland your permission expired, and you then came directly back to the Isle of Man

You can be in the Isle of Man/UK for up to 6 months on your first visit from Ireland. This time starts from the date you entered the Isle of Man/UK. You can prove the date you entered by, for example, your ticket or boarding pass.

• Your deemed leave obtained on entering the Isle of Man allows travel to the UK and vice versa
• Your deemed leave ends when you leave the Isle of Man, UK, Jersey or Guernsey
• On following visits to the Isle of Man from Ireland, you can be in the Isle of Man/UK for up to 2 months on the basis of deemed leave if you haven’t left the CTA since you were last in the Isle of Man
• You cannot do any paid or unpaid work if you’re in the UK on Article 4 deemed leave except for activities allowed under  Appendix Visitor: Permitted Activities (except PA1, PA2 & PA 16.1 to 18) of the Immigration Rules
• If you want to come to the Isle of Man to do something that isn’t allowed under Article 4 deemed leave, you must apply for the relevant visa  before you travel to the Isle of Man

Arriving with the intention to undertake Permitted Paid Engagement

You may be able to visit the Isle of Man for a Permitted Paid Engagement (PPE) where at the time of your entry to the Isle of Man, you intend, and have a previously arranged invitation, to undertake a PPE in the Isle of Man.

If you are undertaking PPE you may remain in the Isle of Man for no more than one month from your entry. You must not engage in any occupation or employment except exempt work activity or a permitted paid engagement. This must be the previously arranged permitted paid engagement you were invited and entered the Isle of Man to undertake.

Permitted paid engagement activities are set out in paragraph V 12.3 of Appendix V: Visitors of the Immigration Rules.

If you leave the Isle of Man but not the Common Travel Area on your subsequent re-entry to the Isle of Man you may remain in the Isle of Man for no more than 7 days from entry.

PPE provisions don’t apply if you arrive and have Immigration Permission which is in force and was given before your arrival.

Travelling through the Isle of Man on your way to another part of the CTA

Even if you only enter the Isle of Man as part of your journey you must still follow the Isle of Man’s immigration laws while you’re in the Isle of Man.

You must follow the immigration laws of whichever part of the CTA that you are in at the time. This includes visa requirements, restrictions on employment and length of stay.

Initial entry to the Isle of Man from Ireland by those who have been granted Entry Clearance before travelling

Successful applicants for Isle of Man Entry Clearance will have a visa vignette added to their Passport containing the type of Leave, conditions, validity dates etc. prior to travel. When the holder of such a vignette enters the Isle of Man for the first time an Immigration Officer can stamp the vignette with a date stamp to show initial entry. However, as covered above there are usually no routine Immigration controls on journeys between the ROI and IOM so there may be no Immigration Officer present.

Immigration Officers will not backdate a date stamp. If a person with Entry Clearance arrives and is able to attend the Immigration office providing evidence of their entry that day, an Immigration Officer may date stamp the vignette. Our office has limited opening hours, with current hours found on our website . Those that enter from the ROI and are unable to attend our Office on the same day are advised to retain a record of their travel evidenced by their ticket or boarding pass for example.

Travelling with an Isle of Man Immigration Status

Please refer to this section if you have queries about travelling with an Isle of Man Immigration Status.

The Home Office Common Travel Area Guidance  states that the Crown Dependencies issue immigration leave using a wet ink stamp in a passport. The wet ink stamp in your passport is valid evidence of your Isle of Man immigration status, and can be used for entry into the UK and Channel Islands.

The UK Home Office Common Travel Area guidance states that  the Crown Dependencies (the Isle of Man, Jersey and Guernsey) do not issue visa vignettes or biometric residence permits.  Isle of Man Immigration permission endorsements continue to be issued using an ink stamp along with an ink validation stamp within the holder’s passport.

These endorsements are equally valid for entry to the UK under  Schedule 4 to the Immigration Act 1971 (of the United Kingdom) . The UK does issue Entry Clearance vignettes on behalf of the Crown Dependencies.

Please be aware that carriers may be liable to a penalty if they carry an individual without a valid immigration document and therefore they may also ask to see evidence of your immigration status.  For this reason you should ensure that you always have the passport with your wet ink stamp, as well as your Information letter, when travelling directly to the UK or Isle of Man from an international destination.

Carriers are encouraged to contact the UK Carriers Liaison Section should they wish further verification of the acceptability of an Isle of Man visa, in the form of a wet ink stamp, for an individual’s entry at the UK Border.

Guidance for travel carriers and how they may verify an Immigration status at a UK Port can be found on gov.uk .

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• Published 22 July 2022
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There is currently freedom of movement across the Irish border

New immigration and travel rules set to come into force across the UK from next year are nonsensical, an Alliance MP has said.

Stephen Farry said added bureaucracy could hurt tourism, and affect non-Irish and non-British citizens crossing the Irish border into the UK.

The Home Office published new immigration plans on Wednesday , external .

It includes a 'Permission to Travel' scheme with new rules for entering the UK.

The scheme, which is part of the government's plan for border control post-Brexit, was initially due to be introduced in 2025, but the Home Office now say it will begin next year.

UK and Irish citizens can travel freely into each other's countries under the Common Travel Area arrangement (CTA), while those who require visas will be able to use those for entry into the UK.

But there are questions over how tourists, and non-Irish and non-British citizens living in the Republic will be affected by the rules.

The Home Office publication, titled a New Plan for Immigration: Legal Migration and Border Control, indicates that non-visa international visitors will need an Electronic Travel Authorisation (ETA) to come into the UK.

Those who need an ETA will have to apply for one in order to gain 'permission to travel' across the Irish border from the Republic of Ireland.

Mr Farry said the plans do not acknowledge the "particular circumstances" of the border.

Stephen Farry has asked the Home Office a number of questions about how the rules would be implemented

He said the ETA was a "new piece of bureaucracy" for residents on the island who are neither British nor Irish citizens.

Mr Farry added that those people, who currently have freedom of movement across the border, may make "hundreds of journeys across the border, over the course of a year, sometimes on a daily basis".

Sinn Féin have also criticised the plan, saying it was unacceptable to introduce the "prospect of visa requirements for certain people travelling across this island".

Niall Ó Donnghaile, a Sinn Féin senator in the Republic of Ireland, said it would be "an affront to the Good Friday Agreement and would cause untold damage to community, societal and business relations".

Concern over tourism implications

Earlier this year, tourism leaders warned the proposal to require international travellers to apply for a permit to cross the Irish border would damage their industry.

Mr Farry warned issues remained with the new rules published on Wednesday.

"The vast majority of visitors to the island of Ireland enter through Dublin and many people who visit Northern Ireland will travel up from the south either as individuals, or as part of tour parties.

"Again, this will be another bureaucratic problem. Tourism Northern Ireland are very concerned about the implications of this."

NI tourism warning over cross-border permit plans

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Mr Farry said he had met with a Home Office minister in March about putting in place "distinct arrangements" to address issues on the island.

He called for those efforts to be accelerated and said he had tabled a number of questions to the Home Office to clarify the plans regarding non-Irish residents in the Republic of Ireland.

BBC News NI has approached the Home Office for a comment.

Earlier this year, a former Northern Ireland secretary of state, Lord Murphy, called the plan "daft and potentially dangerous" .

He claimed it had been "drawn up clearly by people who know nothing about Northern Ireland".

Lord Murphy also warned of the impact on tourism, saying: "When people come here, they want to see both ends of the island, to impose this unnecessary restriction on them could jeopardise a sector already severely hit by Covid."

Related Topics

• Ireland–UK border
• Common Travel Area (CTA)
• Stephen Farry

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• Entering and staying in the UK
• Border control
• Lapsing leave and returning residents: caseworker guidance
• UK Visas and Immigration

Lapsing leave and returning residents (accessible)

Updated 16 January 2024

© Crown copyright 2024

This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected] .

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This publication is available at https://www.gov.uk/government/publications/returning-residents/lapsing-leave-and-returning-residents-accessible

About this guidance

This guidance tells Border Force officers about lapsing leave and entry at the border, and decision makers how to consider returning resident applications.

If you have any questions about the guidance and your line manager or senior caseworker cannot help you or you think that the guidance has factual errors then email the Settlement Policy Team.

If you notice any formatting errors in this guidance (broken links, spelling mistakes and so on) or have any comments about the layout or navigability of the guidance then you can email the Guidance Rules and Forms team.

Publication

Below is information on when this version of the guidance was published:

• version 8.0
• published for Home Office staff on 16 January 2024

Changes from last version of this guidance

Reflecting amendments to to the Immigration Rules allowing those with lapsed settled status under the EU Settlement Scheme to apply to resume their settlement in the UK by applying for entry clearance as a returning resident.

There is also a minor change providing more detail about the refusal of leave to enter where there are doubts about whether a person’s settlement has lapsed.

Lapsing leave

This page provides Border Force officers and decision makers with information about lapsing leave. Lapsing leave provisions are set-out in Article 13 of the Immigration (Leave to Enter and Remain) Order 2000 (legislation.gov.uk) (LTERO).

Lapsed temporary leave

The leave of a person whose stay in the UK is subject to a time limit will lapse on them:

• going to a country or territory outside the common travel area if the leave was given for a period of 6 months or less or conferred by a visit visa
• remaining outside the UK for a continuous period of more than 2 years (where that leave has not already expired)

A person whose temporary leave has lapsed cannot apply to resume that leave as a returning resident, or return using that leave which would still have been valid, had it not lapsed.

Lapsed settlement

When a person holds settlement (indefinite leave to enter or remain) they are only permitted to be outside the UK and the Islands for a particular period of time or under certain circumstances before their settlement status lapses through the operation of law. The preamble to Appendix Returning Resident sets out these periods, which reflects the LTERO. The periods are:

• more than 5 years, if they previously had settlement in the UK under the EU Settlement Scheme
• more than 4 years, if they previously had settlement in the UK under the EUSS as a Swiss national or a family member of a Swiss national
• otherwise more than 2 years

The LTERO sets out some exceptions which prevent a person’s leave from lapsing for the following people:

• a partner or child accompanying a member of HM Armed Forces overseas
• a partner or child accompanying a permanent member of the British Council, Foreign, Commonwealth and Development Office, or Home Office overseas

A person whose settlement has lapsed and who now wants to return and settle in the UK must apply for entry clearance to return to the UK. Where that application is as a returning resident, it will be assessed by a decision maker under Appendix Returning Resident to the rules.

Entry at the border

This section tells Border Force officers how to check whether a person presenting themselves at the border with evidence of a previous grant of settlement still holds that status and can be admitted or if that status has lapsed.

To check whether a person’s settlement has lapsed, evidence of a person’s settlement status in the UK is normally found in their passport, on an immigration status document or a biometric residence permit (BRP). These documents may include the following:

• indefinite leave to enter (ILE) endorsement or BRP
• indefinite leave to remain (ILR) endorsement or BRP
• no time limit endorsement or BRP
• returning resident visa
• open date stamp in passport after ILE or ILR has been granted

If such evidence cannot be provided, a person’s status may still be confirmed through:

• records on systems, databases, or paper files that show settlement has been granted
• other proof the applicant held settlement in the UK on or before 1 January 1973 and this status has not been lost or revoked

A person can apply to have their settlement status confirmed by making a No Time Limit (NTL) application.

Absence within the permitted period

A person who has been absent from the UK within the permitted period set out in the section on Lapsed settlement will retain their settlement. It is usually possible to check absences from the UK through entry and (old) embarkation stamps (endorsed by Immigration Officers).

Granting entry at the border

A passenger should be granted entry at the border where they:

• can provide evidence they have been granted settlement
• have been outside the UK within the permitted period

Passengers who meet the above requirements, should have their passport endorsed with an open date stamp. This does not grant any form of leave but is simply evidence of the person’s arrival in the UK.

Where it is likely, but it is not clear, that they qualify, they may be given immigration bail and asked to provide evidence of their claimed residency or that they have applied for a biometric residence permit by making a No Time Limit application.

Passengers who had settlement and who have not been away for more than the permitted period, occasionally seek entry as visitors. You must not grant entry as a visitor in this instance. Instead, you should endorse their passport with an open date stamp which confirms they continue to hold settlement.

Refusing entry to the UK

If you have doubts that the passenger still has settlement status, they should be further examined, and a decision made to either refuse leave to enter (under paragraph 9.18A.1 of Part 9 of the Immigration Rules ) or to readmit the passenger. It is no longer acceptable to land the passenger as a visitor in these circumstances.

Refusing entry for medical reasons

A person who has been absent from the UK for less than 2 years and continues to hold settlement, cannot be refused entry on medical grounds. They may however be referred to the Port Medical Inspector if they are intending to stay for more than 6 months (this is in accordance with paragraph 36 of the Immigration Rules ). If recommended by the Port Medical Inspector, you may admit the passenger with a notice to report to the medical office of Environmental Health as explained in paragraph 38 of the Immigration Rules.

Sensitive cases

Official – sensitive: start of section

The information in this section has been removed as it is restricted for internal Home Office use.

Official – sensitive: end of section

British citizens seeking entry

Any person who has been granted British citizenship cannot continue to seek entry into the UK by means of any previous grant of leave they may still be in possession of, such as a settlement vignette or stamp in their passport. This is because settlement places conditions on their entry and, as a British citizen, they are no longer subject to time bound immigration control.

Once citizenship has been granted, the applicant has 3 months to attend a citizenship ceremony. They only become a citizen once they make an oath and pledge at the ceremony.

As such, a person’s leave cannot be cancelled at the point of decision as there is then a time period of up to 3 months when the person is not a citizen and so would be in the UK without leave or proof of right to work or remain.

Although very unlikely, should an applicant who has been granted British citizenship but not attended their ceremony seek entry within the 3 months, then their leave by virtue of their settlement stamp or vignette would still be in force, so you must grant entry in line with that leave.

Where a person has become a British citizen and attended their ceremony but is still in possession of a settlement stamp or vignette in their passport, they may no longer use this as a means of entry to the UK. The applicant should instead now be in possession of a British passport or have a certificate of entitlement to the right of abode. You must then place a ‘cancelled without prejudice’ stamp across the settlement stamp or vignette and return to the passenger. They will then be allowed to pass through the primary control point.

Applications for entry clearance as a returning resident

This page tells decision makers how to assess applications for entry clearance as a returning resident where a person has been absent from the UK and the Islands for more than the relevant period, or beyond the circumstances specified in the Immigration (Leave to Enter and Remain) Order 2000 and their settlement has lapsed.

Validity requirements for an application as a returning resident

The validity requirements for an application as a returning resident are that the applicant must:

• apply on the ‘UKA/ROA/RR’ form or (for applicants under the Windrush Scheme) the ‘Windrush Scheme application (Overseas) form
• be outside the UK
• pay any required fee (no fee is required for the Windrush Scheme)
• provide any required biometrics
• establish their identity and nationality by providing a passport or other document

Where any of these requirements are not met the application is invalid and may be rejected without consideration of the application.

More information on validity requirements, and the process for considering whether to reject an invalid application, can be found in the Validation, variation and withdrawal of applications guidance.

Suitability requirements for a returning resident

The suitability requirements for a returning resident are that the applicant must not fall for refusal under Part 9 of the Immigration Rules – grounds for refusal . Also see the guidance on applying the grounds for refusal.

Eligibility requirements for a returning resident

Entry requirement for a returning resident.

A person seeking to return to the UK as a returning resident must apply for and be granted an entry clearance as a returning resident before they arrive in the UK.

They must have previously been granted settlement in the UK, which has lapsed by operation of law due to their absence from the UK. There is no requirement for the person to have last left the UK with settlement status.

The applicant will also need to obtain a valid TB certificate if they have been continuously present in a country, or in multiple countries, listed in Appendix Tuberculosis to the Immigration Rules for 6 months or more, which includes a period (of any length) within the 6 months before the date of the application.

Information on how an applicant can obtain a TB certificate can be found in the Tuberculosis tests for visa applicants guidance .

Intention to settle requirement for a returning resident

You must be satisfied the applicant genuinely intends to return to the UK for the purposes of settlement. For example, a person applying for entry clearance as a returning resident and giving their immediate reasons for wanting to resume their settlement as house hunting or job hunting prior to returning to settle some months later, would demonstrate an intention to settle. Whereas, returning for a short time for a fixed-term job, study, or medical treatment would not.

Alternatively, evidence that might show the applicant does not genuinely intend to return to the UK for the purposes of settlement include:

• strong family ties outside the UK
• property outside the UK
• business ties outside the UK
• length of original residence and length of time spent outside the UK

You must look at all of the evidence together and each case must be considered on its individual merits.

Previous departure from UK requirement for a returning resident

Unless they are applying under the Windrush Scheme, the applicant must not have received assistance from public funds towards the cost of leaving the UK. Applicants who wish to be considered under the Windrush Scheme should be referred to the information about the Windrush Scheme on GOV.UK .

Strong ties to the UK requirement for a returning resident

Strength of ties to the uk.

A person’s ties to the UK may be evident in a number of ways. The nature of those ties, and the degree those ties have been maintained during a person’s absence, will need to be considered when assessing whether a person should be readmitted as a returning resident. Such ties may include (but are not limited to):

• family ties
• property ties

business ties

Family ties

Where a person has close family ties in the UK which have been maintained during their absence, this will likely indicate strong ties to the UK. The more immediate the family members are, for example parents, partner, children, or grandchildren, the greater the strength those ties are likely to have. However, relationships with wider family members, such as cousins or nieces and nephews, may also be considered if those ties have been closely maintained.

The nature of any contact will also need to be considered. For example, regular visits from, or to, the applicant from family members in the UK will help demonstrate the strength of those ties. Such contact does not, however, need to have been made physically in person, and strong ties can still be demonstrated where there has been regular contact through other means.

Property and business ties

Ties may also be in the form of property or business interests. These may be, for example, where the applicant owns their own property in the UK or has an interest in an ongoing business venture within the UK. Ties on the basis of property or business interests alone are unlikely to demonstrate strong ties to the UK but can be used in conjunction with other factors.

Length of original residence

Generally, the longer the period of original residence, the more likely it is that the applicant will have developed strong ties to the UK and can be admitted as a returning resident. It is important to consider the length of the original residence together with all other relevant factors. You must not refuse an application solely based on a short period of original residence, if the other evidence points to the applicant having strong ties to the UK.

The length of time spent outside the UK will be an important factor to consider when assessing whether a person can be readmitted as a returning resident. This must be assessed against all other factors, including the time spent in the UK before they left.

A person may leave the UK for a variety of reasons. This may include:

• to access health treatment overseas
• to care for family
• for employment/self-employment

In some cases, these reasons mean a person remains outside the UK for more than the permitted period, and so their settlement lapses. You must consider their reasons for leaving and for now wishing to return to the UK. For example, a person may have left the UK to care for family members and now wishes to return to the UK to retire.

Any other circumstances

Other more specific circumstances which would support an application are:

• travel and service overseas with a particular employer before return to the UK with the employer
• a prolonged period of study abroad by a person who wishes to re-join the family in UK on completion of studies
• prolonged medical treatment abroad of a kind not available in the UK
• unintended absences from the UK due to, for example, the COVID-19 pandemic

Additionally, there may be other compelling or compassionate circumstances not mentioned above which need to be considered. Each case must be considered on its individual merits.

Evidence to support an application may include:

• evidence of previous settlement - for those who held settlement before 1 January 1973 when the Immigration Act 1971 came into force, this may not be evidenced through a vignette, biometric residence permit (BRP) or passport - other evidence, such as Doctor’s records or school letters, may be taken into account
• details of any family in the UK and correspondence with them (to establish strong ties to the UK)
• evidence of property in the UK and/or any business interests (to establish strong ties to the UK)
• letters of enrolment/attendance at an education establishment if they have been studying outside the UK for long periods
• letter of employment where this has been reason for their absence from the UK
• a letter from a medical professional if their reason for their absence relates to caring for another person or for their own medical reasons

This list is not exhaustive and other evidence can be considered.

You must have regard to all relevant information provided and the responsibility lies with the applicant to satisfy you that they meet all the requirements. However, where there are minor errors or omissions in the application, you may request more information, or clarification, if this may make a material difference to your decision on the application.

If the applicant is interviewed, questions put to the applicant may sometimes lead to an indication that the claim to be a returning resident is a fraudulent one. It is expected that the applicant can display sufficient knowledge relevant to their claimed life in the UK.

Parental consent requirement for a returning resident aged under 18

If the applicant is aged under 18 on the date of application, they must have written consent from both their parents, one parent (if they have sole legal responsibility for the applicant), or the applicant’s legal guardian. The written consent must confirm support for the application itself, the applicant’s living and care arrangements in the UK, and their travel to, and reception arrangements in the UK.

Decision on an application as a returning resident

Granting entry clearance.

Where a person’s settlement has lapsed, and they satisfy the requirements in Appendix Returning Resident to the rules, they must be issued entry clearance, with indefinite leave to enter. If a person has a passport valid for 6 months or more on the date of decision, this will be granted on a visa valid for 90 days and endorsed with Indefinite leave to enter. A person must travel to and enter the UK during the validity of the visa, where their BRP will be available for collection from the nominated Post Office.

Where a person who has less than 6 months validity on their passport applies as a returning resident, this will be granted on a visa endorsed with indefinite leave to enter but which is only valid until their passport expires. In some cases, this may result in no BRP being produced. If they are in the UK without a valid BRP they should be advised to apply for no time limit (NTL).

Where a person’s settlement has not lapsed but their passport has expired and they wish to have their indefinite leave vignette transferred into a new passport, they should be advised to apply for a ‘Vignette Transfer’, rather than as a returning resident. If they hold a BRP but this has been lost or stolen or is due to expire, they should apply for a ‘Replacement BRP’.

Endorsements

Endorsement Type: Settlement

Endorsement: RETURNING RESIDENT ILE

Duration: Other

Cat D endorsement: ILE Settlement: Indefinite Leave to Enter

Validity: From 7 days before intended travel date to expiry date of passport

Refusing entry clearance

Where the applicant does not meet the requirements of Appendix Returning Resident of the rules, you must refuse entry clearance.

There is no right of appeal against the refusal of a returning resident visa. The applicant will have a right to an Administrative Review.

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