ECB01: immigration legislation and powers
Published 22 November 2013
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1. ECB1.1 Immigration legislation
The UK’s immigration control is based on two legal provisions:
- the Immigration Act 1971 amended by subsequent immigration and asylum acts; and
- the Statement of Changes in Immigration Rules (the Rules) provided for in Section 3 (2) of the 1971 Act.
The Rules regulate entry into and the stay of persons in the United Kingdom. They set out the criteria that applications for entry clearance, leave to enter or remain must meet to qualify for entry into the UK.
The latest complete set of Rules is contained in HC395 (1994). This has been amended by subsequent changes in the Rules.
- Please note that the [Free Movement of Persons Directive 2004/38 EC]sets out the right of EEA nationals and their family members to move and reside freely within the territory of the EEA Member States. The Immigration (European Economic Area) Regulations 2006 (‘The Regulations’) (as amended) transpose the Free Movement Directive into UK law. The Regulations describe the rights of EEA nationals and their family members to enter and reside in the UK.
The Immigration (EEA) Regulations 2006 as amended
2. ECB1.2 Immigration powers
Entry Clearance Officers (ECOs) are officials of the UK Border Agency. The term ‘Entry Clearance Officer’ can be substituted for ‘Immigration Officer’ (paragraph 26 of the Rules); however, an ECO is not able to revoke a visa unless specific criteria are met. See ECB18.1 for further information.
3. ECB1.3 Biometrics in the legislation
The legislation to enable the biometric capture of fingerprints from all visa applicants is found under the following Regulations in exercise of the powers conferred by section 126(1) of the Nationality, Immigration and Asylum Act 2002:
Statutory Instrument 2006 No 1743 - The Immigration (Provision of Physical Data) Regulations 2006