Non-EEA nationals wishing to travel to the UK generally require leave, ie permission, to enter and remain in the UK.
However, some non-EEA nationals require permission before travelling to the UK and, generally, all non-EEA nationals coming to the UK for more than 6 months require prior permission. This prior permission is issued in the form of an entry clearance by a British consulate or high commission, usually in the applicant’s home country.
Entry clearance generally operates as leave to enter the UK but does not guarantee admission to the UK.
Entry clearance is not required for individuals who are returning to the UK within the validity of their earlier leave (or with leave to enter that is already in force) unless:
the purpose of entry has changed
the leave was for a period of 6 months or less, or was extended by statutory instrument, or
the leave was extended by virtue of a pending in-country application for a variation of/further leave to remain or a pending in-country appeal or administrative review application
Visitors returning to the UK within the validity of their multi-entry visit visa do not need entry clearance.School children living in the EU travelling in a school group do not need entry clearance if they are accompanied by a teacher and have their names on the relevant official form.
If an individual is seeking to return to the UK within the validity of previous leave but the purpose of their stay in the UK has changed, they will need to obtain fresh entry clearance if they are a visa national, or if they are a non-visa national coming to the UK in an immigration category requiring entry clearance under the Immigration Rules.
Visitors returning to the UK within the validity of their multi-entry visit visa do not need entry clearance.
School children living in the EU travelling in a school group do not need entry clearance if they are accompanied by a teacher and have their names on the relevant official form.
Visa nationals seeking entry to the UK as visitor for up to 6 months who hold the following passports also do not require entry clearance, provided they are not visiting the UK to marry or form a civil partnership, or to give notice of this:
nationals or citizens of the People’s Republic of China holding passports issued by the Hong Kong or Macao Special Administrative Regions
nationals or citizens of Taiwan who hold a Taiwanese passport that includes the number of the identification card issued by the competent authority in Taiwan
Service, Temporary Service and Diplomatic passport holders, where those passports have been issued by the Holy See
nationals or citizens of Bahrain, Indonesia, Kuwait, Oman, South Africa, Qatar, Turkey, the UAE and Vietnam who hold diplomatic and special passports issued by those countries and are travelling to the UK for the purpose of a visit
passport holders of Kuwait, Oman, Qatar or the UAE who hold and correctly use an Electronic Visa Waiver document for the purpose of visitor other entry for 6 months or less, unless this is for a purpose that has a mandatory entry clearance requirement (eg marriage/civil partnership visit). The request for an EVW may be made up to 3 months before the date of travel and must be completed at least 48 hours in advance of departure to the UK
Air crew, train crew and seamen arriving in the UK for up to 7 days as crew members also do not need entry clearance
Our Immigration Solicitors provide competent, confidential legal advice regarding your defence and are able to offer effective legal representation.