CA-2024-000740 - [2025] EWCA Civ 1375

Section 3 of the Immigration Act 1971 (“the Act”) provides that a person who is not a British citizen may not enter the United Kingdom unless given leave to do so. Section 3(1) provides so far as material that:

“3(1) Except as otherwise provided by or under this Act, where a person is not a British citizen

(a)

he shall not enter the United Kingdom unless given leave to do so in accordance with the provisions of, or made under, this Act;

(b)

he may be given leave to enter the United Kingdom (or, when already there, leave to remain in the United Kingdom) either for a limited or for an indefinite period;

(c)

if he is given limited leave to enter or remain in the United Kingdom, it may be given subject to all or any of the following conditions, namely—

(i)

a condition restricting his work or occupation in the United Kingdom;

…..

(ii)

a condition requiring him to maintain and accommodate himself, and any dependants of his, without recourse to public funds …..” .

Section 3(2) provides for the Secretary of State to lay before Parliament statements of the rules, or any changes in the rules, or any practice to be followed for regulating the entry into, and stay in, the United Kingdom. The relevant rules are the Immigration Rules.